Conditions of use & sales

1. AGREEMENT BETWEEN USER AND iButton® STORE

The iButton Store Web Site is comprised of various Web pages operated by iButton Store.The iButton Store Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the iButton Store Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
iButton Store, reserves the right to change the terms, conditions, and notices under which the iButton Store Web Site is offered, including but not limited to the charges associated with the use of the iButton Store Web Site.

2. LINKS TO THIRD PARTY SITES

The iButton Store Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of iButton Store and iButton Store is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iButton Store is not responsible for webcasting or any other form of transmission received from any Linked Site. iButton Store is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iButton Store of the site or any association with its operators.

3. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the iButton Store Web Site, you warrant to iButton Store that you will not use the iButton Store Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the iButton Store Web Site in any manner which could damage, disable, overburden, or impair the iButton Store Web Site or interfere with any other party's use and enjoyment of the iButton Store Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the iButton Store Web Sites.

4. USE OF COMMUNICATION SERVICES

The iButton Store Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.Button Store has no obligation to monitor the Communication Services. However, iButton Store reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
  • iButton Store reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  • iButton Store reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iButton Store's sole discretion.
  • Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.
  • iButton Store does not control or endorse the content, messages or information found in any
  • Communication Service and, therefore, iButton Store specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
  • Managers and hosts are not authorized iButton Store spokespersons, and their views do not necessarily reflect those of iButton Store.
  • Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computeres
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations

iButton Store has no obligation to monitor the Communication Services. However, iButton Store reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. iButton Store reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.iButton Store reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iButton Store's sole discretion.

5. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE iButton Store WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iButton Store AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE iButton Store WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE iButton Shop WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
iButton Store AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE iButton Shop WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. iButton Store AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iButton Store AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE iButton Store WEB SITE, WITH THE DELAY OR INABILITY TO USE THE iButton Store WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE iButton Store WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE iButton Store WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iButton Store OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE iButton Store WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE iButton Store WEB SITE.

6. SERVICE CONTACT

info@iButton.store


7. TERMINATION/ACCESS RESTRICTION

iButton Store reserves the right, in its sole discretion, to terminate your access to the iButton Store Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Portuguese Republic and you hereby consent to the exclusive jurisdiction and venue of courts in Leiria, Portugal in all disputes arising out of or relating to the use of the iButton Store Web Site. Use of the iButton Store Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iButton Shop as a result of this agreement or use of the iButton Store Web Site. iButton Store's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iButton Store's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iButton Store Web Site or information provided to or gathered by iButton Store with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iButton Store with respect to the iButton Store Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iButton Store with respect to the iButton Store Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


All contents of the iButton Store Web Site are: Copyright 2014 by iButton Store and/or its suppliers. All rights reserved.

9. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.

10. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your rights are being infringed, you may contact us using any of the available channels. We respond expeditiously to rights owners and their agents who have contacted us to communicate concerns about any alleged infringement. Upon receipt of a claim of copyright infringment we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a claim, you grant to iButton Shop the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the claim to the parties involved in the provision of the allegedly infringing content. You agree to indemnify iButton Shop for all claims brought by a third party against iButton Shop arising out of or in connection with the submission of a claim you've made.

 Conditions of Sale

These Conditions of Sale govern the sale of products by iButton Store to you.
Please read these conditions carefully before placing an order with iButton Store. By placing an order with us, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to iButton Store to buy the product(s) in your order. When you place an order to purchase a product from iButton Store, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with iButton Store. Without affecting your right of cancellation set out in section 2 below, you can request the cancelation. Orders accepted by iButton Shop may be cancelled by Customer upon written consent of iButton Store provided such order is not "NC/NR" or "Non-Cancelable/Non-Returnable", "Non-Standard Products" or governed by a Purchase Agreement Letter. Non-Standard Products are defined as Products that are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. Non-standard products are non-cancelable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which iButton Store may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by iButton Store, and shall be paid by you, the Customer to iButton Store.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
the delivery of sealed software if unsealed by you after delivery;
the supply of goods made to your specifications or clearly personalized;
the supply of goods which may deteriorate or expire rapidly;
the supply of digital content (apps, digital software, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
Non-Cancelable/Non-Returnable", "Non-Standard Products";
special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD). You must inform us of your decision to cancel your order.
You may submit your request through any of our contact channels. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.


3. EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased (not for the delivery charges), no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions provided to you no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning the goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:

4. PRICING AND AVAILABILITY

All prices are exclusive of legally applicable VAT. Customers outside the EU will not be charged VAT.

VAT at Portugal has a rate of 23% which will be added during checkout. If you are a VAT registered company please enter your VAT number at your account and we will invoice you VAT excempt, providing we are able to verify it with the European Comission VIES service.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

5. PRODUCT INFORMATION

Unless expressly indicated otherwise, iButton Store is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
iButton Store accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

6. CUSTOMS

When ordering products from iButton Store for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from iButton Shop, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

7. OUR LIABILITY

iButton Store and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
iButton STORE LIMITED WARRANTY
iButton Store agrees to transfer to Customer whatever transferable warranties iButton Store receives from the manufacturer of Products sold to Customer. iButton Shop makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, MOUSER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. iButton Store liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such Products (without interest), or (2) Repair and/or replacement of such Products, at iButton Store election, with such remedies exclusive and in lieu of all others. Customer must notify iButton Store within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and iButton Store remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.

8. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Portuguese Republic, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the city of Leiria - Portugal, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Portugal or in the EU country in which you live.

9. WEEE POLICY

iButton Store is registered as a "producer" in the European Union, and has adhere to a WEEE recycling program within the EU. A WEEE fee is charged for products sold in domestic orders. You are legally obliged for the correct disposal of all WEEE and batteries in your country. Do not dispose them in household waste. You can also send the products and batteries to us so we can take care of the appropriate handling.

10. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

11. CHILDREN AND PERSONAL USE

We do not sell products for purchase by children or personal use. If you are under 18 or if you are purchasing products for personal use you cannot place an order with us.

12. OUR CONTACT DETAILS

iButton Store. Our contact details are:
R. D. João Pereira Venâncio, 125
2410-037 Leiria
Registered in Portugal
Business Registration: 8792
Portuguese VAT Registration Number: PT506337936