Terms of Service

GENERAL TERMS AND CONDITIONS

Last updated December 20, 2023

AGREEMENT TO OUR LEGAL TERMS

We are Nexprim s.r.o ("Company," “Seller,” "we," "us," "our"), a company registered in Slovakia at Textilná 2385/7, 040 12 Košice-Nad jazerom, Slovakia, Košice, Košický kraj 040 12. Our VAT number is SK2122087396 and CRN is 55779751.

We operate the website https://nexprim.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Contact information:

phone: +421 915 558 916
email: info@nexprim.com
mail: Textilná 2385/7, 040 12 Košice – Nad Jazerom, Slovakia.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", “Client”, “Customer”), and Nexprim s.r.o, concerning your access to and use of the Services. You agree that by accessing the Services and/or ordering products from us, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

INTRODUCTORY CONDITIONS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PRODUCTS
PRICE, PURCHASES AND PAYMENT
CONTRACTUAL PENALTIES
DELIVERY CONDITIONS
GRAPHIC REQUIREMENTS
CANCELATION OF THE CONTRACT
RETURN POLICY
WARRANTY CONDITIONS
PROHIBITED ACTIVITIES
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US

1. INTRODUCTORY CONDITIONS

Unless otherwise agreed, these General Terms and Conditions issued in accordance with the provisions of the Commercial Code (hereinafter referred to as the “Conditions”) shall govern the contractual relations arising between the Company and you, whereas these Conditions do not apply to partners with whom a valid long-term contract is signed.

By signing the Contract, the Customer confirms its unreserved acceptance of these Conditions.

In the case of orders placed via the e-shop, the Customer confirms his/her unreserved consent by confirming the checkbox “Terms and Conditions”, which is part of the ordering procedure.

2. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the European union and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services,
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@nexprim.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your orders and submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Orders: By making an order you do not lose any intellectual property rights for any text, writings, photographs, graphics, or other materials (“Orders”) that are part of the order such as graphics that should be printed by us onto products and delivered to you.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you order, post or upload: By sending us Orders or Submissions through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Orders, Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading,
to the extent permissible by applicable law, waive any and all moral rights to any such Submission,
warrant that any such Orders and/or Submissions are original to you or that you have the necessary rights and licenses to submit such Orders and/or Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Orders and/or Submissions,
warrant and represent that your Orders and/or Submissions do not constitute confidential information.

You are solely responsible for your Orders and/or Submissions and you expressly agree to reimburse us for any losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may refuse to process your Order: Although we have no obligation to monitor the content of any Order, we shall have the right to refuse to process your Order at any time if, in our reasonable opinion, we consider such Order harmful or in breach of these Legal Terms. We are entitled to claim compensation for expenses incurred up to the time of stopping production if the graphic material supplied for production contained content prohibited by law.

Copyright infringement

"COPYRIGHT INFRINGEMENTS" section below.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

**5. PRODUCTS **

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

In line with these principles, it's important to note the following specifications:

Promotional products, which encompass badges, t-shirts, caps, sweatshirts, jackets, bags, and other similar items, customers should expect and accept a standard dimensional tolerance of +/- 5%.
Prints including but not limited to transfer and DTF transfer, have dimensional accuracy up to +/- 0.2%.
Concerning color production, our efforts are directed toward matching the colors as specified in orders based on RGB, CMYK, or PNT color systems. However, the guarantee of absolute color accuracy is only provided if it is stipulated in a formal written agreement.
Customer must recognize the potential disparities in color representation across different digital devices compared to printed forms, and the inherent transformations that occur between various color spaces. It should be noted that color representation on even calibrated digital screens is not infallible.
Furthermore, if a Customer requires a specific color match, the procurement of a paid sample before the commencement of bulk production is mandatory, to ensure the color aligns with their exact requirements.

By agreeing to these terms, you acknowledge and consent to the potential discrepancies in the dimensions and color accuracy of our products, as an intrinsic aspect of the production process.

6. PRICE, PURCHASES AND PAYMENT

The price displayed in the order summary is the final price for the products and their printing. The price does not include graphic work if such work is unnecessary and/or requested by the Customer. A detailed description of the requirements for graphic artwork can be found in the “GRAPHIC REQUIREMENTS” section.

The shipping price is final unless the Customer changes the shipping method, and shipping address, or otherwise modifies shipping preferences after the order is created. Detailed shipping terms can be found in the “DELIVERY CONDITIONS” section.

By mutual agreement, one of these payment options shall be indicated in the purchase contract:

Electronically via the payment gateway,
Proforma invoice - 100% deposit including VAT (if applicable) in advance,
Proforma invoice (x% deposit before production starts), the remainder before shipping,
Proforma invoice (x% deposit before production starts), the remainder on invoice with a 7-day maturity,
Invoice with a due date of 7 to 30 days.

If you do not see one of the payment options when placing an order, it either has not been made available to you or is currently unavailable.

If the deposit is not paid by the buyer by the agreed date, the seller may unilaterally cancel the discount that may have resulted from the prepayment agreement.

The Seller shall also be entitled to invoice for partial performance of the subject matter of the Contract and the Customer shall be obliged to pay such invoice when due. Withholding of payment or reduction of payment on grounds of counterclaim shall not be permissible unless otherwise agreed in writing.

The Customer acquires the ownership right to the purchased product only on the date of payment or credit to the Seller's account of the purchase price in full.

Notwithstanding any other provision of the contract, the Seller shall not be liable to the Customer for any loss of profit, loss of opportunity, or any other indirect or consequential loss resulting from failure to deliver the product on time, defects in the product, inadequate printing, breach of contract or otherwise.

The Seller's failure to perform or breach of an obligation relating to one or more partial deliveries shall not have the effect of terminating the business relationship with the Customer in respect of products and services already delivered or not yet delivered.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as neededWe may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

7. CONTRACTUAL PENALTIES

In the event of non-compliance with the payment term of the invoice, we (the creditor) are entitled to demand from the Customer (the debtor), in addition to the payment of the invoiced price, the payment of a contractual penalty amounting to 0.15% of the due amount for each day of delay in payment of the invoice. After exceeding 30 days past the due date of the invoice, the contractual penalty is charged at a rate of 0.30% of the due amount for each additional day.

Furthermore, the amount of the flat-rate compensation for costs associated with the enforcement of the claim is set by Slovak Republic Government Regulation No. 21/2013 Coll. This compensation is a one-time fee of 40 euros, regardless of the length of the delay.

This contractual penalty does not apply to the payment of the proforma invoice, except in the case of a supplementary invoice charging the balance of the purchase price before shipment linked to a proforma invoice paid before production.

8. DELIVERY CONDITIONS

The Customer acknowledges that the delivery dates quoted are not binding in the performance of the Seller's obligations. Notwithstanding the foregoing, Seller shall use its best efforts to meet the stated delivery dates.

The requested shipment date selected is not binding on the Seller, but the Seller will use its best efforts to adhere to the requested shipment date.

In the case of an agreed advance payment, the delivery period shall commence on the date of crediting the advance payment in the agreed amount to the Seller's account.

By mutual agreement, one of these delivery options shall be indicated in the purchase contract:

personal pickup at Textilná 2385/7, 040 12, Košice – Nad Jazerom, Slovakia,
a courier company,
pallet transport,
by the customer's own transport.

The place and time of performance of the contract shall be:

company headquarters (Nexprim s.r.o.),
the place and time of handing over the goods to the first independent road haulier or post office at the Seller's registered office,
the place of delivery of the goods to the purchaser or to a third party authorised by the purchaser.

Upon personal pickup of the product from the supplier's premises, the Customer shall confirm the correctness and completeness of the delivery by his signature on the delivery note or the invoice.

The Customer undertakes to take delivery of the ordered product or part thereof no later than 5 days from the Company’s written, telephone, e-mail, or other textual request. In the event of non-acceptance of this invitation, we shall have the right to arrange for its further storage at the Customer's expense.

9. GRAPHIC REQUIREMENTS

For optimal results, it is highly recommended that graphics be provided in vector format. Acceptable vector formats include PDF, EPS, SVG, AI, and CDR. The graphics must be delivered in a 1:1 scale. If the desired dimensions are not specified in the order and confirmed by us, dimensional accuracy cannot be guaranteed.

Product Specific Graphic Requirements:

Badges: Graphics can be submitted in either vector or bitmap format (PDF, EPS, SVG, AI, CDR, JPEG, PNG, TIF). The preferred color spaces are RGB, CMYK, and PNT, with the best results typically achieved in the CMYK color space. The dimensions of the graphics should be prepared according to the instructions available on www.buttons.nexprim.com or www.nexprim.com.
DTF Transfer: Graphics should be provided in either vector or bitmap format (PDF, EPS, SVG, AI, CDR, JPEG, PNG, TIF). Acceptable color spaces include RGB, CMYK, and PNT, with CMYK generally yielding the best results. For bitmap graphics, anti-aliasing must be turned off. The graphics must be prepared following the guidelines on www.dtf.nexprim.com or www.nexprim.com.
Screen Printed Transfer: Graphics must be submitted in vector format with Pantone spot colors. The preparation of these graphics should adhere to the instructions on www.nexprim.com.

If the graphic is supplied in bitmap format with a resolution lower than 300 DPI, we cannot be held responsible for any pixelation that may occur in the final product. It is the Customer's responsibility to ensure that bitmap graphics meet the minimum resolution requirement to avoid such issues.

If these graphic requirements are not met, we cannot be held responsible for any errors that may arise due to improperly prepared graphics. Should there be a mutual agreement, we can undertake graphic corrections at an hourly rate of 35 €, excluding VAT. Upon completion of these corrections, we will send the revised graphic to the customer for confirmation. Please note that the delivery date will be adjusted to account for the time required for editing the graphics and obtaining customer confirmation. Any delays in delivery due to necessary graphic modifications will not be grounds for a complaint.

10. CANCELATION OF THE CONTRACT

The Customer has the right to cancel a binding order only in the event of a significant delay in delivery compared to the expected delivery date and only to the extent of the delayed delivery. In any other case of cancellation, the Seller shall be entitled to demand from the Customer a contractual penalty of up to 100% of the purchase price for the Product which was the subject of the binding order and the Customer shall be obliged to pay the contractual penalty within 14 days of receipt of the demand for payment.

The Seller may withdraw from the contract if the Customer is more than 10 days late in paying the advance payment, in the event of a gross breach of contract or in the cases provided for in the Commercial Code.

The declaration of withdrawal must be in writing and state the reason for withdrawal. Upon receipt of the declaration, the Contract shall be terminated.

In the event of withdrawal from the contract by the Seller due to a gross breach of contract by the Customer, the latter undertakes to return to the Seller all goods received but not paid for and to pay the Seller a cancellation fee in the amount of 40% of the purchase price of the unpaid goods.

Due to the nature of the products, the Seller reserves the right to change the delivery time of the product, or partial performance or cancellation of the delivery of the products due to the unavailability of the ordered products on the market or due to force majeure. At the same time, the Customer is not entitled to cancel the other bindingly ordered products.

In such a case, the Seller shall immediately inform the Customer of an alternative extended delivery date or of the impossibility of delivering the goods in question at all, whereby the Customer shall not be entitled to any compensation for any damages against the Seller. The Seller is obliged to refund the price paid for the product or the advance payment to the Customer within 15 days unless the Seller and the Customer agrees on an alternative performance of the Contract.

In the event of substitute performance, the Seller shall be obliged to deliver the goods or services to the Customer at the same quality and price.

The Customer shall agree to this alternative performance in writing to the Seller within the time limit indicated on the Seller's notice. Failure to do so shall be deemed to be withdrawal by the Customer and the Seller shall automatically cancel these undelivered product items from the order without further notice.

Withdrawal from the Contract is not possible if the product has been made according to the Customer's special requirements or goods intended specifically for one customer (printed goods) or a product that cannot be returned due to its characteristics. If the contract is withdrawn during the order process, the Seller shall be entitled to compensation for the costs associated with production up to the point of cessation of production.

11. RETURN POLICY

It is not possible to return a product that cannot be returned due to its characteristics (e.g. graphic works), a product that has been ordered and processed based on specific requirements of the customer, and a product with printing or other modification based on an order.

12. WARRANTY CONDITIONS

Under the Civil Code (Act No. 40/1964 Coll., as amended), the Seller provides a 2-year warranty to private persons, not in business against manufacturing defects for all goods sold. The invoice also serves as a warranty certificate.

The warranty period begins on the day of receipt of the goods from the courier or on the day of personal collection.

The warranty period is extended by the period during which the customer has been unable to use the product due to warranty repair of the product.

It is the Customer's obligation to inspect the product upon receipt of the product and the customer is obliged to report any apparent damage to the supplier immediately (at the latest the day after receipt of the products). If he fails to do so, he can only claim for defects found during this inspection if he proves that the product already had such defects at the time of receipt (of the product). In the case of a quantity claim, the customer is obliged to make such a claim immediately, at the latest within three days of receipt of the goods. The Seller is not obliged to take later claims into account.

When making a claim, the Customer is obliged to deliver the claimed product at his own expense to the Seller's warehouse clean, mechanically undamaged, not printed or otherwise marked, in the original packaging, with a copy of the delivery note or invoice and with a precise description of the defect to the Seller´s claims officer. Delivery address:

Nexprim s.r.o.
Textilna 2385/7
040 12 Kosice
Slovak Republic
info@nexprim.com
+421 915 558 916

The defects must be pointed out in writing or by e-mail with their detailed specification to the Seller´s complaint officer. If the Customer fails to point out these defects properly and on time, he shall forfeit his claims arising from these defects.

A legitimate warranty claim shall be free of charge. In the event of an unjustified claim, the Customer shall be obliged to pay the costs incurred in resolving the claim.

If the product cannot be repaired, the Seller reserves the right to resolve the claimed product with a replacement or refund of the purchase price.

The Seller shall not be liable and shall not comply with the terms and conditions set forth for warranty claims for failures caused by external mechanical wear and tear, natural disaster, unqualified service, use of inadequate consumables, or other breach of warranty conditions, as determined by an employee of the Seller. At the same time, the Customer agrees to reimburse the Seller for all costs associated with the eventual elimination of any such defect that has not been qualified as a warranty defect.

Notwithstanding any other provisions of the Contract, the Seller shall not be liable to the Customer for loss of profit, loss of opportunity, or any other indirect or consequential loss because of a defect in the Product, inadequate printing, or failure to deal with a claim on time.

All photographs published on the Seller´s websites are illustrative and variations in the shade of color displayed on the e-shop cannot be used as a basis for a claim.

13. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.nexprim.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Slovakia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Slovakia, then through your continued use of the Services, you are transferring your data to Slovakia, and you expressly consent to have your data transferred to and processed in Slovakia.

17. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below in section "CONTACT US". A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

18. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Slovakia, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Nexprim s.r.o. and you both agree to submit to the non-exclusive jurisdiction of the courts of Košice, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Slovakia, or in the EU country in which you reside.

21. DISPUTE RESOLUTION

Informal Negotiations \
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration \
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Košice, Slovakia. The language of the proceedings shall be Slovak. Applicable rules of substantive law shall be the law of Slovakia.

Restrictions \
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration \
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. CORRECTIONS

There may be information on the Services and/or in these Legal Terms that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. CONTACT US

To resolve a complaint regarding the Services, the Orders or to receive further information regarding the use of the Services, please contact us at:

Nexprim s.r.o.
Textilna 2385/7
040 12 Kosice
Slovak Republic
info@nexprim.com
+421 915 558 916

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