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GENERAL TERMS AND CONDITIONS
Please read these General Terms and Conditions carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these General Terms.
If you do not agree to all the conditions of this agreement, then you may not access the website or use any services.
If these General Terms are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website.
We advise you to keep an eye on possible changes and to check this page periodically for changes.
1. GENERAL
1.1 The website, located at https://www.vimax.com/ is operated by Factoria Trading & Consulting B.V., with seat in Almere, 1363DN, The Netherlands. Factoria Trading & Consulting is registered under the Dutch Chamber of Commerce number 72586311
1.2 By utilizing the website and/or placing an order on this website, you agree to be bound by the terms and conditions set out below (General Conditions). IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE.
1.3 In these General Conditions, any reference to "we" or "us" is a reference to Factoria Trading & Consulting B.V..
1.4 These General Terms shall apply exclusively to all requests for offers, offers, order confirmations and agreements made by or with Factoria Trading & Consulting B.V. (in the following ‘Factoria’). Supplementary or deviating terms and conditions of the customer do not apply unless we have expressly agreed to their validity in writing.
1.5 In the event any provision of these General Conditions be held to be entirely or partly invalid, this shall not affect the validity of the remaining provisions of these General Conditions.
2. WEBSITE
2.1 This website may offer online entertainment services that are adult in nature. It may contain graphic depictions and descriptions of explicit sexual activity and/or sell adult products. You acknowledge that you are aware of the nature of the content on this site, that you are not offended by it, and that you access this site voluntarily.
2.2 Our products are exclusively intended for persons not younger than 18 years old.
2.3 Descriptions, claims, depictions, representations, and/or specifications for the products and/or services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products.
3. AGREEMENT/ORDERS
3.1 Agreements are only effective upon confirmation by Factoria.
3.2 We reserve the right to refuse service to anyone for any reason at any time. If we refuse your order, your money will be returned in full.
3.3 It is your responsibility to provide current, complete and accurate purchase and account information for all purchases made on our webpage. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.4 The provision of products and services is subject to availability. If products are out of stock, Factoria will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order.
3.5 If you have any problems or concerns regarding Factoria’s products, you can reach us via the customer service contact information supplied on this website.
3.6 Delivery dates and deadlines have to be intended as estimates only. These dates can be subjects to delays beyond our control.
4. PURCHASING
4.1 If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
4.2 Any product purchased is inteded for personal use only. The products can not be resold and cannot be given to any third party.
4.3 Factoria does not guarantee a permanent, undisturbed, problem and error-free availability of its Webshop. More specifically, we do not guarantee that the Webshop is free of system errors, interruptions and/or malfunctions.
4.4 Factoria is not responsible for safe delivery of goods as it does not ship the products directly.
4.5 Payment is due at the time the order is placed.
4.6 Unless agreed otherwise, prices and deliveries are exclusive of any shipping and transportation costs. These costs are indicated separately on the Website.
4.7 We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
4.8 Prices for our products are subject to change without notice. We reserve the right to modify the prices without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.9 Unless otherwise specified, all prices are expressed in US Dollars including VAT and other government-required taxes, as well as any travel, shipping and administrative costs indicated in the Agreement, unless otherwise specified.
5. PRODUCTS
5.1 Our products are be available exclusively online through the website. Please consider that these products or services may have limited quantities and are subject to return or exchange only according to our General Conditions.
5.2 We reserve the right to limit the quantities of any products that we offer.
5.3 All descriptions of products are subject to change at any time without notice, at our sole discretion.
6. LIABILITY
6.1 We do not guarantee, represent or warrant that your use of our service (website) will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our website or our products will be accurate or reliable.
6.2 The website and all products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Factoria, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to 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 of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
6.3 All representations, views, opinions, statements and recommendations on this site are based on representations and conclusions by third parties. Factoria does not itself represent or endorse the accuracy, currentness, reliability of any advice, statement or opinion or other information displayed, published, distributed through the website and expressly disclaims any liability for all such representations. You do acknowledge that any reliance on any such opinion, advice, statement, information will be at your sole risk. The materials on this website are transmitted and distributed ‘as it is’.
6.4 Factoria shall not be held liable for any damage or viruses that might affect your equipmentor other property, caused by your access to or use of our website.
6.5 Factoria does urge you to seek the advice of a physician or other medical pratitioner before using the products offered through the website. Factoria DISCLAIMS ALL LIABILITY FOR ANY INJURY OR ILLNESS THAT YOU SUSTAIN AS THE RESULT OF NOT SOLICITNG SUCH ADVICE, AS A RESULT OF HAVING RECEIVED INCOMPLETE OR INACCURATE ADVICE, OR AS A RESULT OF HAVING ANY ADVERSE PHYSICAL REACTION WHETHER OR NOT YOU FIRST CONSULTED WITH A MEDICAL PRACTITIONER.
7. PERSONAL INFORMATION
7.1 You acknowledge that information about you, including information provided upon using this website and placing an order will be collected, held and used by us in accordance with our Privacy Statement.
8. INTELLECTUAL PROPERTY
8.1 The Website contains intellectual property including but not exclusively trademarks, copyrights, designs, patents and confidential information.
8.2 All intellectual property in the Website is owned by Factoria or its licensors and unless permitted by law, you shall refrain from:
(a) modifying, adapting, reproducing, storing, distributing, transmitting, printing, displaying, performing, publishing or creating derivative works from any part of the Website or Application; or
(b) commercialising any information, products or services obtained from any part of Website or Application without our prior written consent.
8.3 You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach or violation of the intellectual property of a third party.
9. FORCE MAJEURE
9.1 Factoria is not obliged to comply with any obligation if it is hindered by circumstances that do not result from fault, or by law, legal action, or generally accepted practice. If a shortcoming in compliance with the contractual obligation is the result of force majeure on the side of Factoria, you are allowed to terminate the Agreement.
9.2. Force majeure is present when external causes, foreseen or unforeseen, on which we cannot exercise influence, make impossible for us to fulfil our obligations.
9.3 The parties may suspend the Agreement for as long as the force majeure continues. If this period lasts longer than two (2) months, each of the parties may terminate the Agreement, without being liable to compensation to the other party.
10. SEVERABILITY
10.1 In the event that one of the provisions of these General Conditions or the agreement should, for whatever reason, be void or invalid, this shall not affect the validity of the other provisions.
11. GOVERNING LAW
11.1 These General Terms and any agreement to which these General Terms are applicable and any dispute or claim arising out of or in connection with these General Conditions and the agreement shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions and excluding the UN Convention for the International Sale of Goods.
11.2 All disputes arising out of or in connection with these General Terms and any agreements to which these General Conditions are applicable or further agreements resulting there from, shall be settled by the District Court of Amsterdam, The Netherlands.
12. CUSTOMER SERVICE
12.1 If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please call us or send us a Whatsapp message at (international calling code) +31-6-8784-9447 or email us at cs@vimaxgroup.com