TERMS OF SERVICE
TERMS OF SERVICE
Welcome to the MBS website. This site is operated by MBS. MBS (Motivation Burning Soul) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and conditions and policies referenced herein and/ or available via hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
CHAPTER 1 - REGULATIONS OF THE ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of the Services.
CHAPTER 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time for any of the following reasons: Product unavailable/in stock Your billing information is incorrect or unverifiable Your order has been suspected of fraud We were unable to deliver to the address you provided Force Majeure In the event of any spelling errors, pricing or other errors or omissions in the information on the website, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website, through to which the service is provided, without our express written consent.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICE LISTS
Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) 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.
SECTION 4 - PRODUCTS OR SERVICES
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 5 - 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
CHAPTER 6 – INTELLECTUAL PROPERTY RIGHTS
The Site and all of its contents, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by and are owned by MBS, its licensors, or other providers of such material. protected by United States and international copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights. These Terms grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the materials solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on our website, except as required for normal web browsing purposes, such as by creating temporary copies in RAM or in your web browser cache, and for site features that enable sharing via email, social media, links and other platforms expressly made available through our site. Any use of the Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
SECTION 7 - TRADEMARKS
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, "Marks") that appear on our website are the property of ASRV or the respective owners of those Marks. You may not display or reproduce the Marks except with ASRV's prior written consent, and you may not remove or otherwise modify any Trademark notices from any Content. The marks are protected by trademarks, designs, copyrights and various other intellectual property rights and unfair competition laws.
SECTION 8 - DELIVERY POLICY
All purchases of products from the website are made on the basis of a delivery contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal data through the store is subject to our Privacy Policy. Our Privacy Policy supplements these terms and conditions and by using our website you are deemed to have read and accepted our Privacy Policy.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track personal information about others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features 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 any of the prohibited uses.
SECTION 11 - LIMITATION OF LIABILITY
In no event shall MBS, 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 any kind of consequential damages, including, without limitation, lost profits, lost income, lost savings, loss of data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise , arising from your use of any Service or any products acquired using the Service or any other claim relating in any way to your use of the Service or any Product, including, without limitation, any errors or omissions in any content or any loss or damages of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MBS, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms of Service or the documents they refer to, or your breach of any law or the rights of a third party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall be affects the validity and enforceability of the remaining provisions.
CHAPTER 14 - SOLUTION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may accordingly deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral, and written, between you and us (including, without limitation, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Regulations will not be construed against the author.
CHAPTER 16 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Poland.
SECTION 17 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions regarding the Regulations should be sent to us at:
mbs.oflife@gmail.com
SECTION 19 - FINAL SALES
Please note that all sale items are final and cannot be returned for a refund, exchange or store credit.
MBS 2023