Terms of Service

OVERVIEW

 This website is operated by MOMRISE. Throughout the site, the terms “we”, “us” and “our” refer to MOMRISE. MOMRISE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

I. IMPRESSUM: DATA OF THE SERVICE PROVIDER

Data of the Service Provider

Name: K&A Dohle Solution Kft.

Registered office: 12 Zsazsa utca 1st floor 2, Budapest, 1112 Hungary

Mailing address:12 Zsazsa utca 1st floor 2, Budapest, 1112 Hungary

Registration Authority: Metropolitan Court of Budapest

Corporate registration number:  01-09-194022

Tax number:HU25001747

Telephone number: +36306206536

E-mail: sales@momriseactive.com

Webpage: www.momriseactive.com

Bank account number: 11712073-20003421

IBAN:  HU71 1171 2073 2000 3421 0000 0000

Data of the hosting service provider

Name: Shopify International Limited

Registered office:2nd Floor 1-2 Victoria Buildings,  Haddington Road, Dublin 4, D04 XN32, Ireland

Contact details:support@shopify.com

II. PRICES

The prices are indicated in Euro, and they shall include VAT to the amount of 27 %. We reserve the right to change prices. The purchase price indicated next to the products shall not include the delivery charges.

III. HANDLING COMPLAINTS AND REMEDIES

Telephone: +36306206536

Internet address: https://momriseactive.com/pages/contact-us

E-mail: sales@momriseactive.com

IV. ORDERING PROCEDURE

Add to Cart

After selection of the Product, You can add it – in discretional number – to the cart by clicking on the “Add to cart” button, which will not give rise to an obligation of purchase or payment by You, since adding to the cart is not be considered as a bid.

We suggest that You should add the product to the cart even if You are uncertain whether to purchase the particular product or not, since by doing so You can overview the selected items by a single click and by displaying them on the monitor You can view and compare the items You have in the cart at the given moment. You will be free to change the contents of the cart until finalizing the order by clicking button “Check out”; any product can be removed from or add to the cart or You can change the number of selected items at Your discretion.

Checking out

While using the website, You can overview the contents of the cart at any time by clicking the “Cart ikon” button at the top of the page. Here You can remove the selected item form the cart or change the number of items. After pressing the “Update cart” button the system will display the information compliant with the data changed by You, including the price of products.

Provision of Customer’s data

After pressing “Check out” button the system will display the contents of the cart and the full purchase price payable by You if You have decided to purchase the selected items.

You can give Your e-mail address in the “Contact information “ textbox and Your full name, address and phone number in the “Shipping address” box.

After clicking the “Continue to shipping method” button the system will display the delivery charge which You will be required to pay in the case of order.

Overview of the order

After clicking at “Continue to payment method” button you will arrive to a page where you can select the payment method. The system will automatically store the data, provided at the entry of “Shipping address”, in the box “Billing address”. In case You request for the products to be delivered to another address than that, please remove the tick, and mark the “Use a different billing address, and fill in the textboxes. You can continue the ordering procedure by clicking on “Review order” or delete/correct the data already entered by clicking on “Return to shipping method” button and return to the previous page. If You click the button “Review order”, You will arrive to page “Review order”. There You can see a summary of the data provided by You earlier, such as contents of the Cart, user, billing and delivery information and the amount payable by You (these data cannot be changed unless You click on the “Back” button).

V. FINALIZING THE ORDER (BID)

After clicking at “Complete order” button, you will be redirected to the checkout page of the selected payment provider (PayPal or simplepay.hu).

VI. PROCESSING OF THE ORDER, CONCLUSION OF THE CONTRACT

Following the receipt of the bid sent by You the Service Provider shall confirm it without delay via an automatic confirmation e-mail, which shall contain the data provided by You in the course of shopping or the registration (billing and delivery information): ID number and date of the order, list and quantity of the ordered items, price of the products, delivery charge and the payable total amount. Should You detect that the automatic confirmation e-mail contains Your data incorrectly (e.g. name, delivery address, phone number etc.), then You shall promptly notify us via e-mail of such fact, by providing the correct data simultaneously.

Such confirmation e-mail sent by the Service Provider shall qualify as the acceptance of the bid made by You, which will imply conclusion of a valid contract between the Service Provider and You.

You shall be relieved of the obligation arising from the bid if You do not receive the e-mail confirming your order from the Service provider without delay but not later than within 48 hours.

You shall receive a 2nd notification e-mail when the order is shipped, and also a notification e-mail/text message from the carrier company, with tracking number and a link where You can track your order online.

VII. PAYMENT AND SHIPPING METHODS

You can choose from the following payment providers:

  • PayPal
  • SimplePay

At the checkout page of SimplePay, you can review your cart, shipping and billing information before making the payment. You will be required to provide your name, and bank card information to complete your purchase.

At the checkout page of PayPal you can either log in to your PayPal account, or click on “Pay with a credit card” button and provide your country, bank card information, and your name to complete your purchase.The invoice will be issued by Billingo and sent to You via email.

Shipping rate of a 0-1.5kg package:

Hungary: €3

Europe: €12

USA & Canada: €15

Middle East and Asia: €20

Australia: €20

Taxes are included in the shipping price.

Delivery time:

Europe: 2 days

USA & Canada: 3 days

Middle East and Asia*: 3 days

Australia: 3 days

*We ship only to the following countries: Australia, UAE, Israel, Hong Kong, Japan, Singapore, Thailand

Please note the above shipping times are based on our best estimate, however, delays can occur in transit or due to holds at your local custom office, so it may take longer for an order to be delivered.

We use GLS for domestic, and DHL Express for international shipments.

Should You detect that the package is broken/damaged, please notify immediately the carrier company, and also send us picture of the broken/damaged package.

Tracking an order:

When an order has been shipped, Service Provider will send You an e-mail with tracking number and a link to where You can track it online.

VIII. RETURNS

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. Please be aware to send us within 30 days after your shipment arrived a notification to the email address sales@momriseactive.com that contains your name and address and the statement according that you cancel the purchase and send us back the shipment.

In 14 days after receiving the shipment we will return you the purchase price and the price of the lowest shipment price you could chose in the purchase procedure.

To complete your return, we require the receipt or proof of purchase.

Please do not send your purchase back to the manufacturer, but to the following address: Webshippy Fulfillments, East Gate Business Park C/2. 2151 Fót, Hungary

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at sales@momriseactive.com.

Sale items

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at sales@momriseactive.com and send your item to:

Webshippy Fulfillments,

East Gate Business Park C/2. 2151 Fót, Hungary

Shipping

To return your product, you should mail your product to:

Webshippy Fulfillments,

East Gate Business Park C/2. 2151 Fót, Hungary

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over €75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

IX. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

X. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

XI. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. 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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

XII. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

XIII. PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services 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 or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product 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.

XIV. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

XV. 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 of Service.

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 the Service or any related website. You may not use a false e‑mail 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.

XVI. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please go to https://www.momriseactive.com/pages/privacy-policy

XVII. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service 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 in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

XVIII. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) 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 the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

XIX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MOMRISE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

XX. INDEMNIFICATION

You agree to indemnify, defend and hold harmless MOMRISE 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

XXI. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

XXII. 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 Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XXIII. ENTIRE AGREEMENT

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

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

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

XXIV. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hungary.

XXV. CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

XXVI. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@momriseactive.com.