OVERVIEW
This website is operated by spirit factory s.r.o., a Slovak company, ID No. 51 774 283 (“Orphan gin”). Throughout the site, the terms “we”, “us” and “our” refer to Orphan gin. Orphan gin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.These Terms & Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, regulate purchase agreement concluded between us, Orphan gin, as seller and you as customer in respect to purchase of our products, i.e. gin and other alcoholic beverages as well as other assortment (“Products“) in the eshop on our web site (“Purchase Agreement“).
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.The headings used in these Terms & Conditions are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the legal drinking age in your state or province of residence. In case of any doubts, you are obliged to prove that this representation is true to us or a provider of post or courier services delivering the Product. We fully rely on this representation.
If this representation made by you is untrue, we are entitled to withdraw from the purchase agreement and claim damages incurred by us as a result of such an untrue representation.If you buy our Products for resale and other commercial purposes, you declare that you comply with relevant laws and you own all necessary regulatory permits required for conducting such business activity in the relevant jurisdiction.
By clicking on “Place Order“, you submit a proposal for concluding the Purchase Agreement to us. The Purchase Agreement is concluded by our confirmation of your proposal. If you do not take over the Product delivered to you via post or courier pursuant to conditions of the post/courier service providers within the time periods given, the Purchase Agreement ceases to exist, but without any prejudice to our right to claim damages.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to sell the Products to anyone for any reason at any time.
You understand that any content provided by you (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or up-to-date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products. All descriptions of Products or product pricing are subject to change at any time without prior notice, in our sole discretion. We reserve the right to discontinue selling any of the Products at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or on the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site, the Products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our site, the Prodcuts or on any related website, should be taken to indicate that all information on our site, the Products or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our site, the Products or any related website, other websites, or the Internet. We reserve the right to terminate your use of our site or any related website for violating any of the prohibited uses.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless (including the reimbursement of any loss or damage caused to) Orphan gin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - TERMINATION
You as the consumer are entitled to withdraw from the Purchase Agreement within 14 days from the delivery of the Products to you. However, it is not possible to withdraw in respect of any Products whose packaging (bottle) has been damaged (including an opened bottle) for hygienic reasons. You will find a form for withdrawal from the Purchase Agreement here, which you have to send to us to the following address: michal@orphangin.com. We will reimburse you, send you the right Product in right quantity (as applicable) within 14 days from the delivery of the returned Products to us. All costs related to return will be borne by you as the customer. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Purchase Agreement for all purposes.
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions and any policies or operating rules posted by us on this site or in respect of the Products constitute the entire agreement and understanding between you and us and govern your use of our site and the Products, 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 Terms & Conditions).Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Slovakia.
SECTION 17 – ALTERNATIVE DISPUTE RESOLUTION
You as the customer have the right to contact Orphan gin with a request for remedy if you are not satisfied with the way in which Orphan gin handled the return or if you believe that the Orphan gin has violated your rights.
If Orphan gin responds to this complaint in a negative manner or it does not respond within 30 days from its submission, you as the customer have the right to submit a motion to initiate alternative dispute resolution proceedings to the Slovak Trade Inspection (in Slovak Slovenská obchodná inšpekcia) pursuant to Slovak Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes, as amended, to the following address: Slovenská obchodná inšpekcia, ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Prievozská 32, p. p. 29, 827 99 Bratislava 27, Slovakia or electronically to: ars@soi.sk, adr@soi.sk. More information: https://www.soi.sk/en/SOI.soi.
SECTION 18 - CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Products following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at michal@orphangin.com.