Terms & Conditions
These General terms and conditions for use of the My hexacharge Online Store are an agreement between You and malinto inc, company number: C4796523, a corporation organized under the laws of California, with a registered office at this date at with a registered office at this date at 580 HILL ST.San Francisco, CA 94114, United States. These Conditions govern Your use of the My hexacharge Online Store including placing an offer and purchasing goods from malinto inc., unless any special function is accompanied by a separate license, in which case the separate license shall govern.
BY ACCESSING OR USING THE MY hexacharge ONLINE STORE YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE CONDITIONS. IF YOU DO NOT ACCEPT THESE CONDITIONS, DO NOT ACCESS AND/OR USE THE MY hexacharge ONLINE STORE.
Subject to Your acceptance of and compliance with these Conditions, we grant You a personal, limited, non-exclusive, revocable and non-transferable license to use the Website solely for Your personal and non-commercial purposes as set forth in these Conditions.
Before You use our Website or place an Order, if You have any questions relating to these Conditions, please contact [email protected]
“Company” or “We” or “Us” means malinto inc., company number: C4796523, a corporation organized under the laws of California, with a registered office at this date at with a registered office at this date at 580 HILL ST.San Francisco, CA 94114, United States;
“Online Store or Store” means the store located on the Website;
“Website” means the website located at www.hexacharge.com or any other URL which may replace it;
“You” means a User of the Website;
“Users” means the Users of the Website collectively;
“Your Order or Order” means the offer you place via our Store for the purchase of Our Products which shall be binding for Us upon our Acceptance of your Order;
“Confirmation of receipt of your Order” means confirmation of receipt of your Order which shall be sent to You by e-mail promptly upon placing an Order. Confirmation of receipt of your Order shall include a list of purchased Products, basic information from Product Description, purchase and delivery price;
“Acceptance of your Order” means acceptance of your Order which will be sent to You by e-mail after or together with the Confirmation of receipt of your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery date and other delivery information as well as these Conditions. By receiving the Acceptance of your Order, you have successfully placed your Order and the Agreement between You and Us is deemed concluded.
“Conditions ” means these General terms and conditions for the use of the Online Store and any applicable Special Conditions; Conditions are available at the right bottom of the Webpage or on link https://my-bird-buddy.myshopify.com/policies/terms-of-service ;
“Special Conditions” means the terms and conditions in the Product Description as well as any additional conditions that apply to these terms and conditions;
“Product” means a product displayed for sale on the Online Store;
“Product Description” means that part of the Online Store where description, including certain terms and conditions in respect of the individual Product is provided;
“Pre-Order” shall mean Your offer to Us to purchase the Product/s that are not in stock, but for which a Pre-Order can be made;
“Cookies” means small text files which our Website places on Your computer’s hard drive to enable information about Your shopping session and to identify Your computer;
“Personal Information” means the details provided by You on registration as well any information regarding behavior on the Website, information on placed Orders and sales and any other information submitted by You to Us.
Use of the Website
Any Orders placed by You must be placed strictly in accordance with these Conditions. By placing an Order through Website, You warrant that You are not a minor, that You are at least 18 years of age and that You have full legal capacity to enter into this Agreement. If You are under 18 years of age or a minor in Your country of residence, or under legal custody, You warrant that You are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If You are placing an Order for a legal entity, You represent and warrant that You have acquired consent from the statutory representative for placement of such Order.
By accessing this Website, You irrevocably understand and agree that You can communicate and operate with Us only in English language.
When using the Website, You are responsible for maintaining the confidentiality of Your account and password (if any) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
You agree to use the Website in a manner that does not cause harm to Us, other Users or third parties. We reserve the right to terminate or restrict Your access to the Website without prior notice if You violate these Conditions or if You abuse the Website or access the Website to an unusual extent. We are entitled to prevent access to the Website if We have reason to believe that You are engaged in illegal activity or compromise other Users’ or Our data security or privacy.
We may suspend the Website where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website or offering it to the public at our sole discretion.
You consent to being automatically redirected to localized version of the Store which is closer to Your location, If such possibility exists.
Modifications to the Website
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.
Modification of these Conditions
Third party links
To provide increased value to our Users, We may provide links to other websites or resources for You to access at Your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
3. ORDERING PROCESS AND SHIPPING
Prices, shipping and related costs
For every purchase we offer a shipping rate based on the weight of the items included. The rates are displayed in US dollars ($USD). Flat rate includes shipping and handling costs for any Order of any size. In case products are dispatched to EU destinations the shipping rate already includes VAT at the VAT rate of your home country. You can always click on “Online Store logo” or any group of Products and You will leave the cart without placing an Order.
All prices in the Online Store are primarily in USD.
The prices for products dispatched to EU destinations include VAT at the VAT rate of your home country For legal entities, all purchases are subject to VAT at the VAT rate of your home country unless You have a valid VAT number which must be entered at the time of purchase. If You do enter Your VAT number You must account for VAT using the reverse charge method. The VAT number and company name must be verifiable on the ec.europa.eu database or You will need to provide proof of Your VAT registration. Any subsequent changes to the tax invoice are subject to an administration charge of up to 20.00 EUR.
The prices for products dispatched to destinations outside the EU do not include customs charges for import, any taxes (sales, use tax etc.) and other possible public charges. It is Your own responsibility to pay such taxes if Your shipping is to be made outside the EU.
Public charges. All prices are subject to public charges determined by the authorities, pursuant to the legislation in force from time to time. Please note that the public charges (additional customs, duties, taxes, brokerage charges etc.) may however apply depending on the shipping destination. Please note that we are not responsible for such charges, unless explicitly stated otherwise above.
Shipping charges. Shipping charges shall not be included in the purchase price and will be added to the purchase price. It shall be Your responsibility to pay the shipping costs in addition to the Product prices.
Conversions. When it comes to paying for Your Products, Your credit card company or Your bank will charge You in the currency defined above. However, You shall be debited in the currency of Your (credit card or bank) account and the bank will convert Your payment automatically to the charged currency when You pay. This amount may differ to the informational converted prices shown due to currency fluctuations. We are not responsible for any changes in currency rates and charged amounts from Your local currency to currency of payment that may occur between the time of checkout and the time Your payment is made.
Bank Fees. Please note that bank wire transfers may require additional bank transfer fees, which cannot be estimated at the time of making a purchase. It is Your own responsibility to pay such costs in accordance with the agreement that You have with Your bank.
Late payment interest. We only dispatch Products once we have received cleared payment. If for some reason there is a debt on Your account, we charge legal interest rate and reserve the right to set off any such amount with the payment for new ordered Products.
Cancelled or returned orders. We reserve the right to charge a fee for restocking, processing and shipping of cancelled or returned orders, except where otherwise provided herein. Should You wish to amend or cancel an order prior to dispatch, there will be a handling fee of up to 20.00 € if Your order has already been packed. We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 €.
Internet connection costs. You shall be solely responsible for all internet connection costs when using our Website.
Making a purchase
It is a simple process to make a purchase. The technical steps required for concluding the purchase are as follows. Just browse our shop; once You click on a Product, a Product Description shall appear. Product Description shall consist of Product material/s, where applicable, its price and a short description, including package contents. Also, the shipping date will be defined. Please mind the shipping date, as it might be well in the future, as the product itself might currently still be under development. For some Products You can select different options, like colour. You can see purchase price on the right side of the Product.
You can add any Product You wish to buy into the cart, by clicking “Add to cart”. Chosen Products can be reviewed by clicking on the cart at the right top side of the Website. Website offers different Add-Ons for the relevant Product you have put into your shopping cart. You can remove any chosen Product by clicking on the cart and then clicking on button to reduce the quantity or clicking the “x” on the upper left corner of the picture of the Product You want to remove.
On the right side of each Product, You can see the purchase price. The cart shall automatically add up Your total purchase price. Be sure to check quantities and selected Products before placing an Order. All Product purchased are subject to a one-time payment.
If You want to buy chosen Products, please read carefully the Terms of Service available at the right bottom of the Website. If You do not agree with the Conditions please do not access and/or use the Online Store. If You do not accept the Conditions, You cannot make a purchase and You can leave the Website at any time. For making an Order simply click on button “Proceed to checkout and accept terms”. If You do not wish to make an Order You can click on the Online Store logo or Home link and You will leave the cart without placing an Order.
Checkout Option 1: Once You click on “Proceed to checkout “, Your purchase details shall appear, stating chosen Products and total purchase price, including VAT tax (for products dispatched to EU destinations), on the right side of the page. You will have to add Your data (Email address, First name, Last name, Address, City, Country and Postal code) into the form displayed. In case of missing data, You will not be able to place Your Order. Please bear in mind that such data is necessary to prevent misrepresentations and to inform You about Your rights and obligations once placing the Order. If You do not wish to place an Order, You can always click on ” My hexacharge Shop “, on the top of the Webpage or on the »Return to cart« link at the left bottom of the Webpage.
After adding all Your data into the form displayed, You click on “Continue to shipping” and Your final order shall appear, with list of selected Products and total amount to be paid for the Products. Shipping details and shipping options will be displayed and shipping costs will be automatically added to Your total purchase price for selected Products shown at the right bottom side of the Webpage so that the Total amount shall include the shipping costs and potential discounts. If You do not have PayPal Account, please enter your Billing & Payment data (Credit card type, Card number, Name on card, Expiry, CVV) on the left side of the page. If You do not know what CVV means, simply click on a »question mark« next to CVV to find out. Please review Your information. Shipping address is the same as billing address You have added into the form before. If You want to change Shipping address, You can do that by clicking “Edit” and then enter a new address, where You add Your data (First name, Last name, Address l, City, Country, and Postal code) into the form displayed. You will change Your shipping address by clicking “Continue”. If You want to change billing address please click on “Use a different billing address “.
You can check the box in the field »Subscribe to our newsletter« if you want to receive occasional emails about new products, promotions and other news.
If You decide to confirm Your payment, click on the button “Agree and pay”.
You can always click on ” My hexacharge Shop ” on the top of the Webpage or on the »Home« button and Your Order will be cancelled.
Once You place an Order, it shall be treated in accordance with Section “Order acceptance policy”.
By entering Your email and PayPal password, You will be redirected to PayPal’s website. On the left side of PayPal’s website, You will see Your Order summary, please make a final check. On the right side of the page, You can review Your information. You can change Your shipping address by clicking “change” next to the “Shipping address”, entering data into the form, and clicking “save”. You can also add note to a seller, by clicking “add” next to the “Note to seller” by writing the note into the box and clicking “save”. You can as well change paying method by clicking “change” next to the “payment method”. You will be redirected to the side, where You have a chance to select Credit / Debit card, that You want it to be used. You will do that, by clicking “Continue”. When You have all information checked and reviewed, You click “Continue”.
If You want to place an order, please click on »Pay Now«.
You can always click on “Cancel and Return to the merchant”, at the right bottom of the PayPal’ website and You will be redirected to Checkout Option 1.
Once You place an Order, it shall be treated in accordance with Section “Order acceptance policy”.
Order acceptance policy
Our Store constitutes an invitation to place offers for purchase of Our Products. By placing Your Order and paying the purchase price and related costs, You make an offer to Us to buy Our Products. Confirmation of receipt of Your Order shall be sent to You by e-mail promptly upon making an Order. Confirmation of receipt of Your Order does NOT mean that Your order is accepted, but merely that You successfully placed Your Order and that we need to review it. In case of a change of price, Product Description, lack of stock or other possible problems, We will always contact You first to ensure that the changes are acceptable for You. Confirmation of receipt of Your Order shall include Your Order details containing list of purchased Products, invoice, basic information from Product Description, purchase and delivery price and taxes.
We may also require additional verifications or information before accepting any Order.
After or together with the Confirmation of receipt of Your Order, We will send You an acceptance of Your Order. Acceptance of Your Order constitutes binding Agreement and shall include a list of purchased Products, basic information from Product Description, purchase and delivery price, invoice, delivery date, other delivery information as well as these Conditions. By receiving the Acceptance of Your Order, You have successfully placed Your Order and the Agreement between You and Us is deemed concluded.
Non-confirmation of Your Order
You will be informed about non-acceptance of your Order to Your contact e-mail.
Non-acceptance of Your Order may be a result of one of the following:
The Product You ordered being unavailable from stock or unavailable for pre-order.
Our inability to obtain authorization for Your payment.
The identification of a pricing or Product description error.
Customs or shipping limitations for Your country.
You not meeting the eligibility criteria set out in these Conditions.
You not providing additional verifications or information.
In case of non-acceptance of Your Order, Your payment (if any) shall be refunded within the shortest possible timeframe, but no later than within fourteen (14) days following notice of non-acceptance.
We strive to achieve the best possible user experience. We however cannot guarantee that Your Order will be received and/or accepted. We are not in any way liable to You in such event.
Each Product is subject to its Product Description which sets out additional Special Conditions related to that Product. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered into the system. Although We aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the situation exactly at the moment You place an Order. Should a Product ordered by Us appear to be contrary to the Product Description provided, Your sole remedy is to return the Product(s) under these Conditions. We cannot confirm the price and any other component of Product Description until Your Order is accepted in accordance with Our Order acceptance policy.
Associated Mobile Application
Shipping information & estimated delivery times
Products will usually ship the following business day after the day Your Order is accepted. However, in rare cases handling time can be up to 2 days. In case of Pre- Order, the shipping time shall be estimated when placing Your Order.
Due to the global chip shortage caused by Covid-19 pandemic Pre-Order dates might be delayed due to force majeure. The buyer understands that planned shipping dates are indicative dates and understands and agrees with possible delay of shipping due to Covid-19 pandemic. If You want to make a refund for a reason of Pre-Order shipping delay, such a request for a refund may be rejected by the Company.
For any returns and/or cancellations of the Product see point 4. of this Terms and Conditions.
Estimated average delivery time shall be 7 – 21 working days after shipping.
Shipping and delivery times may vary depending on the Product, its availability, the country of delivery, carrier’s terms, force majeure and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees.
In case of holiday rushes, We reserve the right to add a few additional days to the shipping times. The same applies to any delays that may occur due to Covid-19 pandemic.
Once You place an Order, You accept the terms and conditions of a selected carrier, for more information please see carrier’s General Terms and Conditions or contact [email protected]
In case of discrepancies between Conditions and carrier’s terms, these Conditions shall prevail. When delivery delay accrues, Your sole remedy shall be the right to cancel Your Order by sending Us e-mail on [email protected] Should You decide to do so, You will be refunded within fourteen (14) days following the notice of cancellation.
If Your claim is denied and You have a legal right according to Your local law to submit the dispute to local authorities (excluding courts), You may do so, otherwise the dispute shall be settled with alternative dispute resolution procedure by EUROPEAN CENTRE FOR DISPUTE RESOLUTION, Tomšičeva ulica 6, 1000 Ljubljana, Slovenia for EU Customers or by American Arbitration Association for US Customers.
The parties agree that they will firstly attempt to resolve any disagreement, dispute or claim, arising out of or in relation to this contract, including questions related to a breach of the contract, its termination or invalidity, in mediation at the European Centre for Dispute Resolution, Ljubljana, in accordance with the ECDR Rules on mediation. The parties undertake that pending completion of mediation proceedings none of them is allowed to initiate arbitral or court proceedings in regard to the disagreements, disputes or claims stated in the previous paragraph. The parties agree that if mediation fails, or if disagreement, dispute or claim is not consensually sorted out in mediation within 30 or 60 or 90 days from the commencement of mediation, the mediator assumes the role of an arbitrator and continues with the accelerated arbitration proceedings in accordance with the ECDR Arbitration and Med-arb procedure rules. All information regarding AAS and procedures are available on:http://www.ecdr.si/
For US customers and other world countries customers
The Parties shall attempt to resolve any dispute between them informally before initiating arbitration proceeding. Any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by consumer mediation administered by the American Arbitration Association (hereinafter referred to as AAS) under its mediation rules. If controversy or claim arising out of or relating to this Terms is not settled within 60 days of commencement of the mediation or within such further period as the parties may agree in writing, it shall be settled by arbitration administered by the AAS under its Arbitration Rules for the resolution of consumer-related disputes and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrators’ decision shall be final and binding for both parties. The procedure shall be carried out in English language. The parties shall mutually agree on one arbitrator. Consumers are not prohibited from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction. All information regarding AAS and procedures are available on: http://www.adr.org
In connection with Your use of the Website You may provide us with suggestions, ideas, reviews, comments, and questions or other information and/or material regarding the Website (“Feedback”). After providing the Feedback to Us You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.
You agree not to provide Us with Feedback that is subject to a third party license that requires Us to license the Website or the material contained therein to third parties because We include Your Feedback in the Website. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential or non-proprietary, unless We have specifically stated otherwise. We are not responsible for Feedbacks of third parties or any materials that are provided by You and/or third parties.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven’t purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The General Corporation Laws of the State of California, excluding its conflicts of law rules, shall govern this Conditions and Your use of the Website. Your use of the Website and making Orders may also be subject to other local, state, national, or international laws.
If any provision of these Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.