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Terms of Use

Terms of Use

This website is operated by Synex Group B.V. and the official online distribution company HEYOKA. Throughout the site, we use the terms "we", "us" and "our" to refer to Synex Group B.V and HEYOKA. This web site, including all information, tools and services available through it, is offered by Synex Group B.V and HEYOKA to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices stated herein.

By visiting our Site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked hereto. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the Website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Each new tool or feature added to this shop is also subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.

Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - CONDITIONS OF USE OF THE ONLINE SHOP

By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or state and that you have given us permission to allow any minor dependent on you to use this site.

By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or state and that you have given us permission to allow any minor dependent on you to use this site.

You must not transmit worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (with the exception of your credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and shall not limit or affect these Conditions in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting greater, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any of the information it contains. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to change or end the Service (or any part of it) at any time without notice.

We will not be liable to you or to any third party for any change in prices, or any modification, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some products or services may only be available online through the Website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Returns Policy.

We have endeavoured to present the colours and images of the products in the shop as accurately as possible. However, we cannot guarantee that the colours will be displayed accurately on your computer screen.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic region or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not guarantee that the quality of the products, services, information or other materials you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by traders, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more information, please see our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or manage.

You acknowledge and agree that we are providing access to these tools on an "as is" and "as available" basis, without warranty, representation or condition of any kind and without endorsement. We shall not be liable in any way whatsoever for anything arising out of or in connection with your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the conditions under which these tools are provided by the third-party supplier(s) concerned and to accept these conditions.

We may also, in the future, offer new services and/or features through the Website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

ARTICLE 8 – THIRD PARTY LINKS

Certain content, products and services accessible via our Service may include elements from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, nor do we warrant or assume any responsibility for the content or websites or other content, products or services of third party sources.

We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content or any other transaction related to these third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to those third parties.

ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use in any media any Feedback you send to us. We are not and shall not be under any obligation (1) to maintain any Comments in confidence; (2) to compensate any person for any Comments provided; or (3) to respond to any Comments.

7. We may, but are not obligated to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

You agree that your comments must not in any way infringe the rights of third parties, including copyrights, trademarks, privacy, personality or any other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are entirely responsible for all comments you make and their accuracy. We accept no responsibility for any comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The transmission of your personal information on our shop is governed by our Privacy Policy. Click here to consult our Privacy Policy.

ARTICLE 11 – MISTAKES, INACCURACIES AND OMISSIONS

From time to time, our site or the Service may contain information that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website shall be deemed to indicate that all information offered on the Service or any related website has been changed or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content:

(a) for illegal purposes; (b) to incite third parties to carry out illegal acts or to take part in them; (c) to infringe any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, slander, libel, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used to impair the functionality or operation of the Service or any related web site or other web sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search or scan the World Wide Web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the Prohibited Terms of Use.

ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not guarantee that the results that may be obtained by using the Service will be accurate or reliable.

You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Synex Group B.V., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable under any circumstances for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, lost revenues, lost savings or lost data, replacement costs or other similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim in any way connected with your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage whatsoever arising out of your use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 14 –COMPENSATION

You agree to indemnify, defend and hold Synex Group B.V. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third-party.

ARTICLE 15 –DISSOCIABILITY

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without such determination affecting the validity and enforceability of any remaining provisions.

ARTICLE 16 – CANCELLATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms of Use shall survive unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

Sf we determine or suspect, in our sole discretion, that you are not complying with or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice to you. You will then remain liable for all sums due up to and including the date of termination, as a result of which we may refuse you access to our Services (or any part of them).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and contemporaneous understandings, communications and proposals, oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).

Any ambiguity as to the interpretation of these Terms of Use shall not be construed to the detriment of the party drafting them.

ARTICLE 18 – APPLICABLE LAW

These Terms of Use and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of Blaak 520, Rotterdam, 3011TA, The Netherlands.

ARTICLE 19 – CHANGES TO THE CONDITIONS OF USE

You can consult the most recent version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

ARTICLE 20 – CONTACT

Questions relating to the Terms of Use should be sent to us at info@silent-seeds.com.