Terms and Conditions

 

TERMS AND CONDITIONS

Last updated: 28/10/2022

All trademarks present on this website are registered; the unauthorized use of the same will be prosecuted according to the law.

IMPORTANT: By ticking the mandatory checkbox for our terms and conditions, before placing your order, you accept that if your shipping address is in a country located outside of the European Union (or in countries or municipalities with special status such as the Balearic and Canary Islands in Spain which have customs, Switzerland etc.), customs duties will be your responsibility. We cannot know the amount of customs duties as this depends on the customs authorities present in that moment

If you refuse to pay customs duties, you will be held responsible for covering the shipping costs to the destination country and also the shipping costs to return the Shivax® Order to our warehouse in the European Union

1. Introduction

Welcome to Shivax Universal Limited (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website shivax.ie (together or individually “Service”) operated by Shivax Universal Limited.

Our Privacy Policy also governs your use of our “Service” and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you cannot use the “Service”. These Terms apply to all visitors, users and others who wish to access or use “Service”.

2. Communications

By using our “Service”, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link on these emails or by contacting us here

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to: your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests and Promotions

Any contests or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Refunds

RIGHT OF WITHDRAWAL:
Users can access this website from any country in the world and, because in all of them there are laws that can be different, by accessing this website it is agreed that the laws and rules of Ireland will be applied for all matters relative to the use of this website.

For any controversy that might arise, the competent court in Cork (Ireland) is appointed

Sales subject to D.L. n. 185/1999 and following and European Directive n 21 dated 21/02/2014: it is allowed to exercise the right of withdrawal within 14 (fourteen) days of receiving the goods.

But we are sure of our products and we guarantee THE RIGHT OF WITHDRAWAL FOR 30 DAYS

Shivax Universal Limited guarantees the quality of its service fully. However, it exists a possibility to exercise the right of withdrawal. The purchases made via this website are subject to the legislation provided for by D.L. n. 185/1999 and European Directive n 21 dated 21/02/2014: if the change of mind is within 14 business days. The buyer can WITH SHIVAX UNIVERSAL LIMITED exercise the right of withdrawal within 30 (thirty) days of receiving the goods.

ATTENTION: for all products, the packaging must be returned perfectly intact and sealed, meaning in their UNOPENED original packaging.

If the packaging will result to have been opened, at our sole discretion, from its original wrapping/packaging, it will not be possibile to return it and will not be possibile to receive the refund of this product

This is to maintain the integrity and the safety of our products to future customers, as per law terms

Method of exercising the right of withdrawal: the customer who intends to excercise the right of withdrawal must send within 30 (thirty) days of receiving the goods a letter with an acknowledgment of receipt containing: the expression of willingness to take advantage of the benefits granted by law, the indication of the relevant product/s, the progressive order number issued at the time of purchase/order and the data relating to your bank account (banking institution, reference agency, number of current account or postal account number) to the following address:

Shivax Universal Limited
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23 AT2P Ireland

CRO Registered Number: 728675
VAT Number: IT 00355689993

To obtain a refund of the amount, within 30 (thirty) days of receiving the product/s, in euros, the customer must also send the product/s for which he/she intends to exercise the right of withdrawal back to us by post.

The shipping address varies depending on the country in which the purchase was made. Shivax Universal Limited will, upon request, provide the correct shipping address for your country. The product must be accompanied by the delivery note and/or invoice attached to the product at the time of delivery.

In any case, even if Shivax Universal Limited has delivered the product with free shipping costs, the shipping costs will not be refunded.

Shipping costs vary from country to country, for example: in the case of Italy the shipping costs that will NOT be returned are currently 11.99 (eleven and ninety-nine) euros and this amount will not be returned to the customer.

The VAT, which has already been paid by Shivax Universal Limited to the government, will not be returned.

Refund of the fee: within 30 (thirty) days of receiving the communication in which the customer expresses the desire to exercise the right of withdrawal, Shivax Universal Limited will provide the refund by bank transfer in euros.

The aforementioned refund refers exclusively to the price of the product, as highlighted in the order note and in the delivery note: in any case the additional shipping and home delivery costs of the product will not be refunded and, therefore, will remain at the customer’s expense.

However, a necessary condition for exercising the right of withdrawal is the substantial integrity of the product and packaging which, given the type, CANNOT have been opened, as required by law.

For any further information relating to the exercise of the right of withdrawal please contact Shivax Universal Limited here

In the case of downloading an ebook
Once the file has been downloaded, there will be no refund, as required by law

6. Content

Content found on or through this “Service” are the property of Shivax Universal Limited or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without explicit written permission in advance from us.

7. Prohibited Uses

You may use “Service” only for lawful purposes and in accordance with Terms. You agree not to use “Service”:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.3. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of “Service”, or which, as determined by us, may harm or offend Company or users of “Service” or expose them to liability.

Additionally, you agree not to:

0.1. Use any manual process to monitor or copy any of the material on “Service” or for any other unauthorized purpose without our prior written consent.

0.2. Take any action that may damage or falsify customer reviews for the Company.

0.3. Otherwise attempt to interfere with the proper working of “Service”.

8. Analytics

We may use third-party Service Providers to monitor and analyze the use of our “Service”.

9. Intellectual Property

“Service” and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Shivax Universal Limited and its licensors. “Service” is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Shivax Universal Limited.

10. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim here, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through “Service” on your copyright.

11. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent here

12. Error Reporting and Feedback

You may provide us either directly here or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

13. Links To Other Web Sites

Our “Service” may contain links to third party web sites or services that are not owned or controlled by Shivax Universal Limited.

Shivax Universal Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.

14. Termination

We may terminate or suspend your account and access to “Service” immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using “Service”.

15. Changes To Service

We reserve the right to withdraw or amend our “Service”, and any service or material we provide via “Service”, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of “Service”, or the entire “Service”, to users, including registered users.

16. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our “Service” after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use “Service”.

17. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

18. Contact Us

Please send your feedback, comments, requests for technical support here

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