TERMS AND CONDITIONS FOR PRE-ORDER


Pre-order is placing orders in advance and requires a down payment and these Terms are part of Terms of Service by MEGA MOBIL. Please read these Terms carefully before submitting your Pre-Order of any MEGA MOBIL Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
When placing a Pre-Order for Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. MEGA MOBIL shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to info@megamobil.si.

You will be charged 35% of the full purchase Price of the Product at the time of placing the Pre-Order (preorder price). The Price does exclude VAT and shipping (EXW-Slovenska Bistrica, Slovenia), all other taxes, customs and other applicable taxes in your country, are your responsibility. The preorder price of the Product as indicated in your Configuration or the Camping van window sticker attached to this Terms as applicable, is not subject to change. However, if prior to production of the Product you change the options you have selected, we may update your Configuration, which may affect the purchase price. The Final Price Sheet will be provided to you simultaneously with the Pickup date. It will include final pricing and final Product Configuration.

You may cancel the Pre-Order for any or no reason 15 days prior to our notice to you on Final Price Sheet and Production date. If you do so prior to our notice, you will obtain a refund of the deposit. If MEGA MOBIL cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee). If you cancel after notice on Final price sheet and Production date, your deposit will be retained for covering already incurred costs for production and administration.
When you confirm our notice on Final Price Sheet and Production date, your Preorder will be considered as Order and you shall be bound by Terms of Sale, as defined in your Final Price Sheet. However, the Product becomes Non-cancelable, non-returnable as you confirm our notice on Final Price Sheet and Production date.

If you return the Product due to damages or dysfunctionalities, we will refund you in accordance with our Terms of sale.

The sale to other EU countries will be subject to the 0% VAT rate in the Slovenia, provided that you will provide MEGA MOBIL within 30 days after the pickup, with the relevant documents to support the application of the 0% VAT rate in Slovenia. The following documents are requested from customer: 1. Signed VAT declaration (to be provided upon pickup) as well as 2. Proof of registration of the vessel in the destination country. If the product has been transported by a carrier, a copy of the signed CMR will be required as well

The export sale (Non-EU countries) will be subject to the 0% VAT rate in Slovenia, provided that you will provide MEGA MOBIL within 30 days after pick-up with proof-of-export documents. The proof-of-export documents consist of: 1. Signed CMR for transport from Slovenia to destination country 2. Copy of import documents into destination country or proof of registration in destination country. If the above documents are not provided with the agreed timeframe, MEGA MOBIL is entitled (and customer will accept) to an adjusted invoice with the Slovenian VAT amount due on the sale.

MEGA MOBIL will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with these Terms, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations.

The expected shipping date provided is only an estimate and is subject to change. Since MEGA MOBIL uses EX WORKS INCOTERMS 2010, Slovenska Bistrica, you are responsible for picking up the Product in one week after our notice that your Product is ready for delivery. If you are unable to make a pickup within the specified period, please contact MEGA MOBIL to request additional time, which MEGA MOBIL may grant at it's sole discretion. If you are unable to make the pickup within the additionally granted period, your deposit will not be refunded and the Products will be made available for sale to other customers.

Upon these Terms MEGA MOBIL does not represent or warrant that it will be able to ship the Product by the estimated date, until your Pre-order becomes an Order as defined above. You hereby accept that currently we are not able to commit to a fixed shipping or delivery date and you will be notified of updates to the same in due course. In the event that a delay arises for any reason, foreseen or unforeseen, and the estimated shipment and/or release dates for the Product are not met, we will not be responsible for any damages that may occur due to the delay or cancellation of the Product, and we will not be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays or cancellations.

You expressly acknowledge and understand that we make no representations or warranties that we will ship a Product.

In the event of any failure to deliver a Product, refunds will be offered. If we cannot deliver the Products you Pre-Ordered, you will receive an email from us at your registered email address informing you that your Pre-Order has been cancelled and we will refund the total Pre-Order deposit payment you have made in accordance with the rules of our payment processor.

UNDER NO CIRCUMSTANCES WILL MEGA MOBIL BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT MEGA MOBIL IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

The purchase of the Products is subject to additional terms and conditions provided by MEGA MOBIL, including privacy issues and in respect of intellectual property embodied in the Products or data collected by the Products. The current Terms of use, including Privacy Policy can be found at www.Mega Mobil.com and are subject to change without notice and these Terms are part of Terms of use. Your Pre-order of the Product will be subject to these Terms, unless otherwise stipulated.

MEGA MOBIL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY MEGA MOBIL WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PREORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN THESE TERMS.

MEGA MOBIL reserves the right to change any of the terms for any or no reason.

These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. If these Terms and Terms of Use collide in some clauses, these Terms prevail.

These Terms shall be governed by and shall be construed in accordance with the laws of the Republic of Slovenia. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Ljubljana. You may not assign any of the rights granted to you hereunder.



These Terms are valid as per 25st of May 2018.





TERMS AND CONDITIONS OF SALE

These terms and conditions govern the Sale and Purchase of Products ("Products") and the provision of services ("Services") by SELLER D.O.O. and its divisions, subsidiaries and affiliates ("Seller") as well as by third party vendors and/or service providers of Seller. These terms and conditions ("Terms") take precedence over your supplemental or conflicting terms and conditions to which notice of objection is hereby given. Your acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the Terms contained herein. THESE TERMS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

ORDER

You are bound by these Terms after you confirm SELLER's Final price sheet and Production date notification you received via e-mail you provided SELLER with when you preordered Product.

PRICES AND PAYMENT

Prices that you received in Final Price sheet and Pickup Date notification are valid and SELLER has to receive your full payment before SELLER ships. You can pay with a pre-arranged payment method as defined in Final Price Sheet and Pickup date notification.

PICKUP AND TITLE, SHIPPING

All deliveries will be made EXW (Ex Works as defined in Incoterms 2000) Seller’s facility. Subject to Seller's right of stoppage in transit, pickup of the Products to the carrier shall constitute pickup to You and title and risk of loss shall thereupon pass to You. Selection of the carrier and pickup route shall be made by Seller unless specified by You. You acknowledge that pickup dates provided by Seller are estimates only and Seller shall not be liable for delays in pickup or for failure to perform due to causes beyond the reasonable control of Seller nor shall the carrier be deemed an agent of Seller. In the event of delay caused by such event, the date of pickup shall be extended for a period equal to the time lost as a consequence of the delay in pickup without subjecting Seller to any liability or penalty. If the Products perished while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Pickup of a quantity, which varies from the quantity specified, shall not relieve You of the obligation to accept pickup and pay for the Products picked up. Delay in pickup of one installment shall not entitle You to cancel other installments.

For all orders shipments may be subject to import fees and taxes which are due on arrival. It's impossible for SELLER to determine these charges as they vary from country to country and state to state. If you need any detailed information about these charges please contact your local customs office.

USE OF DATA

By registering to the SELLER web page, you give SELLER consent to store, process and use personal data, submitted through a web form, until withdrawal, for the following purposes: sending the informing about new and special offers by telephone, in writing or electronically, inviting to events, customer segmentation, conducting surveys, statistical analyses. Processing of your personal data is in accordance with SELLER privacy policy and valid legislation.

SELLER is provided a limited license to your data for the sole and exclusive purpose of providing the services for your order placing, including a license to collect, process, store, generate, and display your data only to the extent necessary in the providing of the Services. SELLER shall: (a) keep and maintain your data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in these Terms and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose your data solely and exclusively for the purpose of providing the services, such use and disclosure being in accordance with these Terms and the applicable law; and, (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make available your data for SELLER's own purposes, or for the benefit of anyone other than you without your prior written consent.

SELLER Privacy Policy is published at www.Mega Mobil.com and incorporated herein by this reference.

WARRANTY

SELLER warrants that Products thereof will be free of defects in workmanship and materials for a term of one year (unless local legislation requires differently) from the date of pickup, otherwise they are NCNR (Non-cancelable-non returnable) Products.

SELLER will, without charge, repair or replace, at it’s option a Product defective due to manufacturing defect upon pickup to the SELLER Service Department if accompanied by proof of the date of pickup, such as a verified warranty or sales receipt. Before sending the Product to repair please contact us via email: info@megamobil.si. This will ensure the fastest turnaround time on any repair.

This Warranty does not apply to (w) SELLER Products you purchase from unauthorized resellers; (x) where the instructions for use of Product are not complied with; (y) where Product is used in contrary with instructions to use and safety instructions; or (z) where Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond SELLER reasonable control.

Instructions for safe and proper use are always available per request via e-mail: info@megamobil.si. You also declare that you will accept recieving following documents as part of your Purchase - Vessel description ; Warranty; Watercraft ID; User manual; Buyer declaration

LIMITATION OF LIABILITY

SELLER SHALL HAVE NO LIABILITY TOWARDS YOU BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS YOUR OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.

Seller’s exclusive obligations with respect to a non-conforming Product or Service shall be, at Seller’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to You the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of Seller for all claims shall not exceed the sum of your payments for the Products or Services which are the subject of the dispute and the foregoing is your sole and exclusive remedy for all claims under this Section.

THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Replacement Products shall be warranted as set forth above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section for the remainder of the manufacturer’s warranty period. No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.

YOU SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED YOU'S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND YOU SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER'S COMPLIANCE WITH YOU'S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, YOU AGREES THAT SELLER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.

(g) You acknowledges that this Agreement was entered into at arms length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and You explicitly disclaims and waives any claim with respect thereto.

RETURN POLICY

All Products are NCNR (Non canceable-non returnable) Products, except in cases of manufacturing defect. Shipments will be deemed to have been accepted by you upon pickup of the said shipments to you unless rejected upon receipt. You shall perform whatever inspection or tests you deem necessary as promptly as possible but in no event later than five (5) days after receipt, after which time you will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within five (5) working days of receipt of the Products. Any Product returns due to manufacturing defect shall be subject to compliance with Seller’s Return Merchandise Authorization ("RMA") policies and procedures, which are available upon request. Returned Products must be in the original manufacturer’s sealed packaging and conform to minimum package quantity ("MPQ") requirements. Products not eligible for return shall be returned to you freight collect.

INTELLECTUAL PROPERTY

If any Product includes software or other intellectual property, such software or other intellectual property is provided by Seller to you subject to the copyright and user license only fort he purpose of use of Product. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by these Terms. Software is made available "as is". SELLER makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

SELLER PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN SELLER UNLESS SELLER AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY SELLER . SELLER PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY SELLER

You agree that SELLER owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Products and Services, including, but not limited to invention, discovery, concept, expression or work, whether or not patented or patentable, including, without limitation, discoveries, compositions, know-how, procedures, technical information, processes, methods, devices, formulas, protocols, techniques, designs and drawings, any physical embodiment thereof, and any patent (and applications therefore), copyrights (and applications therefore), trademarks, industrial designs and utility models, trade secret or other intellectual property right related thereto, including each party's Confidential Information and trade secrets.

EXPORT CONTROL

SELLER Products thereof supplied by SELLER under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia ("Slovenia”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of SELLER Products and will obtain all required Slovenian and other local authorizations, permits, or licenses. SELLER and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export SELLER Product without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals.You certify that you are not a person with whom SELLER is prohibited from transacting business under applicable law.You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or reexport any SELLER Product with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Products. You shall defend, indemnify, and hold SELLER harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Section.

You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

GOVERNING LAW, APPLICABLE LAW AND COMPETENT COURT

Place of fulfilment and performance for any obligation arising in context with our deliveries is Ljubljana, Slovenia.

The place of jurisdiction shall be Ljubljana, Slovenia and its competent courts.

Governing Law shall be the law of Slovenia with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).



These Terms are valid as per 25st of May 2018.

TERMS AND CONDITIONS OF USE

MEGA TEKSTIL d.o.o. ("MEGA MOBIL ") provides its services through www.Mega Mobil.com and any other website for which MEGA MOBIL owns the domain registration (the "Site"), its proprietary platform and the services made available by MEGA MOBIL therein, including the MEGA MOBIL Network, mobile applications and data connectivity and storage services allowing you to use our software running on a supported platform that allow you to access the MEGA MOBIL services (collectively, the "Service") through registered access to account.
1. Acceptance of the TOU
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, "YOU") ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use MEGA MOBIL Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the ProductSpecific Terms will take precedence with respect to your use of or access to that area of the Service.
These TOU comprise also
Privacy policy
End User License Agreement

ELECTRONIC COMMUNICATIONS

When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that MEGA MOBIL provides to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITY

MEGA MOBIL, MEGA MOBIL’s affiliates, MEGA MOBIL’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by MEGA MOBIL and it's partners, or stored or hosted by MEGA MOBIL in connection with a Service MEGA MOBIL provides.

THE MEGA MOBIL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEGA MOBIL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

MEGA MOBIL 'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER MEGA MOBIL NOR MEGA MOBIL 'S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PSERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED.

WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.

Software is made available "as is". MEGA MOBIL makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, noninfringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

MEGA MOBIL PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN MEGA MOBIL UNLESS MEGA MOBIL AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY MEGA MOBIL . MEGA MOBIL PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY MEGA MOBIL

MEGA MOBIL shall not be liable whether in tort (including for negligence or breach of statutory duty),contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletionof goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, orfor any special, indirect or consequential loss, costs, damages, charges or expenses however arisingunder this TOU; and MEGA MOBIL 's total aggregate liability in contract, including in respect of the indemnity tort (includingnegligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising inconnection with the performance or contemplated performance of this TOU shall be limited to the totalamount of the payments recieved for the procudct in question.

NOTICE REGARDING MEGA MOBIL SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY.

Your use of MEGA MOBIL Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. MEGA MOBIL IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD-PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TOPOOR, NONE OR EXTENSIVE LACK OF COVERAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEGA MOBIL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.

LICENSE AND INTELLECTUAL PROPERTY

You agree that MEGA MOBIL owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. MEGA MOBIL reserves all rights in webpages and Services not specifically granted to you under these Terms.

MEGA MOBIL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by MEGA MOBIL or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MEGA MOBIL without express written consent. You may not use any meta tags or any other "hidden text" utilizing MEGA MOBIL name or trademarks without the express written consent.

EXPORT CONTROL

MEGA MOBIL Service thereof supplied by MEGA MOBIL under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia ("Slovenia”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, reexport, import, transfer and use of MEGA MOBIL Service and will obtain all required Slovenian and other local authorizations, permits, or licenses. MEGA MOBIL and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export MEGA MOBIL Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals.You certify that you are not a person with whom MEGA MOBIL is prohibited from transacting business under applicable law.You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any MEGA MOBIL Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold MEGA MOBIL harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

INTELLECTUAL PROPERTY

You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

SEVERABILITY

In the event that any provision of these TOU 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 TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOU are effective unless and until terminated by either you or MEGA MOBIL . You may terminate these TOU at any time by notifying us that you no longer wish to use MEGA MOBIL 'S Services, or when you cease using MEGA MOBIL 'S sites. If in MEGA MOBIL 'S sole judgment you fail, or MEGA MOBIL suspects that you have failed, to comply with any term or provision of these TOU, MEGA MOBIL 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 accordingly may deny you access to Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

These TOU and any related Terms and policies operating rules posted by MEGA MOBIL on this site or in respect to The Service constitutes the entire agreement and understanding between you and MEGA MOBIL and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).

Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.

GOVERNING LAW

These TOU and any related Terms and policies as well as separate agreements whereby MEGA MOBIL provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Ljubljana.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the TOU at any time at this page.

MEGA MOBIL reserves the right, at it's sole discretion, to update, change or replace any part of these TOU by posting updates and changes to MEGA MOBIL 'S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to MEGA MOBIL website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.



These Terms are valid as per 25st of May 2018.

Privacy Policy

Your privacy is important to us

Privacy Policy

We seek to use reasonable organizational, technical, and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the "How to Contact Us” section below.

Privacy Policy Changes

This policy may be changed from time to time, consistent with the requirements of the Safe Harbor. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.

Contact Information

If you have any questions regarding this Safe Harbor Privacy Policy, please contact us by email at info@megamobil.si , or please write to the following address: Mega tekstil d.o.o., Kolodvorska ulica 31b, SI-2310 Slovenska Bistrica, Slovenia, Europe.

Governing Law Integration; Assignment.

The terms of this Agreement are governed by the laws of Slovenia. Prior agreements, oral statements, negotiations, communications or representations about the Vessel sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities; in which case the Agreement comes under the laws of the country of affiliated entity.

Acquisition, processing and utilization of personal data

You can visit our website without submitting any information about yourself. We simply save access data to analyze and improve our offers and do not permit any connection to your person. Personal data is only collected if you voluntarily provide us with it, while placing an order or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking "unsubscribe” at the end of any newsletter.

Right to information

You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions. Contact: Mega tekstil d.o.o., Partizanska cesta 38, SI-2310 Slovenska Bistrica, Slovenia, Europe

Data Protection

During the ordering process, your personal information is encoded via "Secure Socket Layer” (SSL) and transferred through the Internet. We use a highly secure 128-Bit encoding system (SSL 3.0, RC4) by Geotrust. We use both technical and organizational measures, to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons.

Notice about E-mail advertisements

By separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the "Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformulated e-mail, without incurring any additional costs to those of your Internet service provider.

* Mega Mobil reserves the right to vary, change, modify or otherwise alter Mega Mobil Deposit Agreement at any time without prior notice in its sole discretion. It is your responsibility to review the latest version of Mega Mobil Deposit Agreement prior to confirming your Vessel configuration (order) by deposit, as that may affect your rights or obligations.

Use of cookies

Our web page uses cookies technology which provides tracking of users’ movements on the web page, registering users’ activities on the respective web page, and assessing and improving the web page to maximise its user-friendliness. You can set your browser to disable cookies or to notify you when cookies are sent.

Our web page provides a confirmation notice and informs users of the possibilities of cookie settings accordingly. Without your explicit consent, the web page does not use cookies which require the user’s consent for installation. We provide the option of subsequent change of the user’s consent by keeping the notice visible on the web page.

Types of cookies, their purpose and duration:

Cookies are small text files that are installed on your computer. The website uses the cookies defined below:
Name of the cookiePurpose of the cookieDuration
Google AnalyticsStatistics of website visits.Until the user is erased or 36 months from visiting the web page
All browsers allow you to control cookies. Access to the cookies settings in a selected browser is provided below:
Microsoft Internet Explorer: Start button > Internet Explorer > Tools > Internet Options > Privacy > Settings
Mozilla Firefox: Firefox menu > Preferences > Privacy
Google Chrome: Chrome menu > Settings > Show advanced settings > Privacy > Content settings > Cookies
Apple Safari: Safari > Preferences > Security
Opera: Opera > Preferences > Advanced > Network

If you upgrade your browser or device with a new version, you must edit the cookies settings again.

Temporary disablement of web cookies

The fastest and the simplest way to prevent web cookies from being stored in all web browsers is to use the so-called Privacy Tab. Private browsing allows users to visit websites without their web browser storing any information on the visited web pages.

Personal/user data



Personal data is any information relating to an individual: name, surname, age, address, e-mail address, phone number and similar information.


The data you submit to a website owner through web pages will be used exclusively by the website owner with the purpose of promoting activities of a company or owner’s products. Pursuant to the information provided, the website owner uses its best efforts to provide safe collection, transfer and storage of personal data. The website owner shall not submit your personal data to third parties or natural persons with the exception of companies providing website operation. You can exercise the right to access, correct or withdraw the authorisation to use your personal data.

The website also includes links to websites of third parties. Mega tekstil d.o.o., Kolodvorska ulica 31b, 2310 Slovenska Bistrica shall not assume any responsibility for the respect of privacy and the content of the respective websites or web pages.

Controller


Within the meaning stipulated by the General Data Protection Regulation and applicable act regulating personal data protection – GDPR, the personal data controller is:

Mega tekstil d.o.o., Kolodvorska ulica 31b, 2310 Slovenska Bistrica
e-mail: info@megamobil.si

Processing of personal data

Our processors, i.e. trustworthy companies registered to pursue the respective activity which provide an appropriate level of personal data protection, also process personal data. The processors process your personal data following our instructions and exclusively on our behalf.

Processing of personal data means any activities performed in relation to personal data, in particular collection, acquisition, entering, organisation, storage and adaptation or change, cancellation, insight, use, disclosure through transfer, reporting, dissemination or other disposal, classification or integration, blocking, anonymisation, erasure or destruction. Processing can be manual or automated.

The type, basis and method of processing your personal data depends in particular on the purpose for which we process your data.

Processing of personal data for information purposes

The consent to receive e-newsletters on current content and events of our company applies until revocation and comprises:
  • use of data for sending regular e-newsletters on current events;
  • use of data for presenting new features;
  • use of data for occasional sending other content, such as reports from events. etc.




Privacy Policy


In specific areas of Mega Mobil.com web pages, collects some personal data of users, but only if the users enable the collection or give consent through various contact forms on a web page.

By completing the application form to receive e-news users agree to receive e-newsletters.By placing the order or demand for company's products the company carefully protects its users’ data, meaning that:
  • it shall not misuse personal data of users in any manner;
  • it shall not submit the data to unauthorised third parties;
  • users can at any time unsubscribe from any e-mail sent by the company.


Duration of personal data storage


The company keeps the acquired personal data for a period required to send content for which you have subscribed or until user revokes the storage of personal data.

Users may at any time request by a written notice sent to the company's address or by e-mail address info@Mega Mobil.com that the company permanently or temporarily stops using their personal data for the purpose of direct marketing.

Your rights


An individual may unsubscribe from e-newsletter at any time, namely by clicking the designated link in the e-mail received. An individual may request from the personal data controller at any time to permanently or temporarily stop using his or her personal data for the foregoing purposes. This request may be sent to e-mail address info@Mega Mobil.com at any time and must include details on the consents to be revoked.

In addition, individuals have the following rights:
    the right to access their personal data that have been collected in relation to them, whereby the controller may use all reasonable means to verify the identity of an individual who the personal data relate to, in particular in on-line services and identifiers;the right to correct inaccurate data that have been collected in relation to them, whereby the controller may use all reasonable means to verify the identity of an individual who the personal data relate to, in particular in on-line services and identifiers;the right to "be forgotten”, i.e. the erasure of all data if the conditions referred to in Article 17 of the General Data Protection Regulation have been met;the right to file an appeal against the personal data controller with the supervisory authority, if individuals believe that the processing of their personal data violates the General Data Protection Regulation.

Enforcement procedure



I understand that I can address all the foregoing requests relating to the assertion of rights related to personal data to the controller in writing to the e-mail address info@Mega Mobil.com.
I understand that the controller may request additional data for the needs of reliable identification in the event of enforcing the rights related to personal data, and may refuse to take action only if the unreliability of my identification is proven.
I understand that the controller must reply to my request by which I enforce my rights related to the above-stated personal data, without unnecessary delay and no later than within one month after receiving my request.

The consent for processing personal data


Company
Mega tekstil d.o.o.
Kolodvorska ulica 31b
2310 Slovenska Bistrica
SI Slovenia

Nous contacter

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