Terms And Conditions
These are the terms and conditions for:
(Hereinafter referred to as “House Of Clouds”).
By using the website and purchasing
products available on the website, you agree to be bound by these terms and
conditions, the privacy policy, the cookie policy, the shipping policy and the
refund policy. In these terms and conditions, the words
"website" refers to the House Of Clouds website, "we",
"us", "our" and "House Of Clouds" refers to House
Of Clouds and "user", “customer”, "you" and “your"
refers to you, the user and customer of House Of Clouds.
The following terms and conditions
apply to the website, products and services offered by House Of Clouds. This
includes the mobile and tablet versions as well as any other version of House
Of Clouds accessible via desktop, mobile, tablet, social media or other
devices.
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS,
INFORMATION OR PRODUCTS.
1.
ELIGIBLITY
You may use the website and purchase
the products only in compliance with these terms and all applicable local,
state, national, and international laws, rules, and regulations.
By using the website and purchase the
products, you represent and warrant that you have the full right, power and
authority to enter into these terms and to fully perform all of your
obligations hereunder. You further represent and warrant that you are under no
legal disability or contractual restriction that prevents you from entering
into these terms.
You represent and warrant that your
use of the website does not violate any applicable law or regulation. House Of
Clouds may, in its sole discretion, refuse to offer the website and products to
any user and change its eligibility criteria at any time. This provision is
void where prohibited by law and the right to access the service and the website
is revoked in such jurisdictions.
Promotions, contests and sweepstakes
are subject to their own terms and conditions and may be terminated without
notice. Before entering any contest or sweepstakes, please refer to the terms
and conditions of each contest or sweepstakes, which shall form an integral
part of these terms and conditions.
2.
PRODUCTS FOR CUSTOMERS OVER 18 YEARS OF AGE
House Of Clouds offers products
intended only for persons over the age of 18 or the age of majority applicable
in the jurisdiction from which the website is accessed. We do not collect, for
any reason or under any circumstances, personal information from persons under
the age of 18. If we become aware that an order has been placed by a person
under the age of 18, we will cancel that order and take reasonable steps to
delete the information provided.
3.
ACCOUNT
Users can register and open an
account on the website. When registering on the website, the user must choose a
password and provide certain information such as email address. You are
responsible for maintaining the confidentiality of your password and account
information, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify House Of Clouds of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you log out of your account at the end of each session. You
may never use another user's account without House Of Clouds’ prior
authorization. House Of Clouds will not be liable for any loss or damage
arising from your breach of this agreement.
Users may cancel their accounts at
any time and for any reason by sending us their request through our contact
information. Such cancellation will only result in the deletion of the account
and the deletion of all personal data provided to House Of Clouds.
House Of Clouds reserves the right to
terminate your account or your access immediately, with or without notice, and
without liability to you, if House Of Clouds believes that you have violated
any of these terms, provided House Of Clouds with false or misleading
information, or interfered with any other party's use of the website or
service.
4.
NOTIFICATIONS AND NEWSLETTER
By providing House Of Clouds with
your email address and phone number, you agree that we may use your email
address to send you notifications about the status of your order, important
communications about our services or products, news and special content. We may
also use your email address and phone number to send you notifications via SMS
messages, push notifications and other messages, such as changes to service
features, product news and special offers on our products. If you do not wish
to receive these emails, SMS messages or push notifications, you may opt-out of
receiving them by sending us your request through our contact information or by
using the "unsubscribe" option in emails or by replying with the word
"STOP" to SMS messages. Opting out may prevent you from receiving emails,
SMS messages and push notifications about updates to your order, news or
special offers on our products.
5. SHOPPING
ON THE WEBSITE
When a customer places an order, House
Of Clouds will send that customer an email which aims to confirm the purchase
and payment. This email confirmation will be produced automatically so that the
user has the confirmation of his purchase and the details of the order.
We reserve the right to limit the
number of units purchased by each user. House Of Clouds also reserves the right
to limit sales of our products on a regional or jurisdictional basis.
House Of Clouds may cancel any order
and not supply products if it is reasonable to do so and may change or
discontinue the availability of products at any time in its sole discretion. If
an order is cancelled, any payments made for products will be refunded in full.
This does not affect your statutory rights.
All new orders are considered
separately and each is treated individually.
6. PRICES
House Of Clouds
reserves the right
to determine the price for the products. The price of the product and its
different variants will be available on each product page. Product prices and
shipping costs are subject to change at any time according to the value of exchange
rates.
House Of
Clouds will make
reasonable efforts to keep the price information published on the website up to
date. We encourage you to check our website periodically for current pricing
information.
Will always try to make sure that
the prices on the website is accurate. However, some errors in terms of
price may occur from time to time, including but not limited to human error,
mechanical error or the like. Should an error in pricing be discovered, the customer
will be informed of such error. The option to reconfirm the order will be given
to the user at the correct price. The user also has the option to cancel the
order should the user not be satisfied with the correct price communicated on
the said product order.
7. PAYMENTS
Products will be paid through the
following payment methods:
Payments will be processed through
our payment processor Viva Wallet. The customer must pay the price of the
product stipulated in the order before the product is shipped. Payment will be
charged to the customer's credit/debit card immediately after placing the order
for the products purchased. Once the transaction has been processed, we will
send an electronic receipt of the transaction to the customer's email address.
If you
find any inconsistency in your billing, please contact us through our contact
information or you can make the claim through the customer service of the
corresponding payment platform.
If your
card is declined, you will receive an error message. No payment will be charged
to your card and no order will be processed. There may be a pending transaction
on your account until your card issuing bank withdraws the authorization. This
usually takes 2 to 5 business days. Your card may be declined for various
reasons such as insufficient funds, AVS (Address Verification System) mismatch
or you have entered an incorrect security code.
If your
payment is declined, you must provide an alternative payment method or provide
another card where payment can be charged and processed.
Your
payment information will be treated and safeguarded with total security and
with the exclusive purpose of processing the purchase of the products. House Of
Clouds reserves the right to contract any payment platform available in the
market, which treats your data for the exclusive purpose of processing the
purchase of the products.
8.
PRODUCT DESCRIPTIONS
House
Of Clouds attempts to be as accurate
as possible. However, House
Of Clouds does not warrant that
product descriptions, product prices or other content of this website is
accurate, complete, reliable, current, or error-free. Product descriptions and
images may vary according to the color resolution of the user's device screen.
9.
DISCLAIMER
By visiting the website
and purchasing the products available on the website, you accept personal
responsibility for the purchase and use of the products. House Of Clouds
provides resources and content for informational purposes only. By purchasing
the products available on the website, you acknowledge and agree that the
purchase and use of the products is your sole and exclusive responsibility.
House Of Clouds accepts no liability or claims related to the use or misuse of
the products. This disclaimer is not intended to exclude any warranty implied
by law which cannot be lawfully excluded.
10. COPYRIGHT
All materials on the website,
including, without limitation, names, logos, trademarks, images, text, columns,
graphics, videos, photographs, illustrations, software and other elements are
protected by copyrights, trademarks and/or other intellectual property rights
owned and controlled by House Of Clouds or by third parties that have licensed
or otherwise provided their material to the website. You acknowledge and agree
that all materials on the website are made available for limited,
non-commercial, personal use only. Except as specifically provided herein. No
material may be copied, reproduced, republished, sold, downloaded, posted,
transmitted, or distributed in any way, or otherwise used for any purpose, by
any person or entity, without House Of Clouds prior express written permission.
You may not add, delete, distort, or otherwise modify the material. Any
unauthorized attempt to modify any material, to defeat or circumvent any
security features, or to utilize House Of Clouds or any part of the material
for any purpose other than its intended purposes is strictly prohibited. Please
do not copy any content and pass it off as your own, as a copyright
infringement will occur.
11.
COPYRIGHT COMPLAINTS
House Of Clouds will respond to all enquiries, complaints and claims
relating to alleged infringement by breach or violation of the provisions
contained in international copyright and intellectual property laws and
regulations. House Of Clouds respects the intellectual property of others and
expects users to do the same. If you believe, in good faith, that any material
provided on the website infringes your copyright or other intellectual property
rights, please submit your request via our contact information, with the following
information:
12.
PROHIBITED ACTIVITIES
The content and information
available on the website (including, but not limited to, data, information,
text, music, sound, photos, graphics, video, maps, icons, or other material),
as well as the infrastructure used to provide such content and information, are
owned by or licensed to House Of Clouds by third parties. For all content other
than your content, you agree not to modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or resell any information or services obtained from or
through the website. In addition, the following activities are prohibited:
13. DISCLAIMER OF
WARRANTIES
Because
of the nature of the Internet House Of Clouds provides and maintains the
website on an "as is", "as available" basis and makes no
promise that use of the website will be uninterrupted or entirely error free.
We are not responsible to you if we are unable to provide our Internet services
for any reason beyond our control.
Our
website may from time to time contain links to other websites which are not
under the control of and are not maintained by us. These links are provided for
your convenience only and we are not responsible for the content of those sites.
Except as
provided above we can give no other warranties, conditions or other terms,
express or implied, statutory or otherwise and all such terms are hereby
excluded to the maximum extent permitted by law.
You will
be responsible for any breach of these terms by you and if you use the website in
breach of these terms you will be liable to and will reimburse House Of Clouds for any loss or damage caused as a result.
House Of Clouds will not be liable
in any amount for failure to perform any obligation under this agreement if
such failure is caused by the occurrence of any unforeseen event beyond its
reasonable control including without limitation Internet outages,
communications outages, fire, flood, war or act of God.
These
terms do not affect your statutory rights as a consumer which are available to
you.
Subject
as aforesaid, to the maximum extent permitted by law, House Of Clouds excludes liability for any loss or damage of any
kind howsoever arising, including without limitation any direct, indirect or
consequential loss whether or not such arises out of any problem you notify to House Of Clouds and House Of Clouds shall have no
liability to pay any money by way of compensation, including without limitation
all liability in relation to:
14. THIRD PARTIES
Through your use
of the website and services you may encounter links to third party websites or
be able to interact with third party sites. Such third parties may charge a fee
for use of certain content or services provided on or by way of their websites.
Therefore, you should make whatever investigation you feel is necessary or
appropriate before proceeding with any transaction with any third party to
determine whether a charge will be incurred. Where House Of Clouds provide
details of fees or charges for such third-party content or services, such
information is provided for convenience and information purposes only. Any
interactions with third party sites and apps are at your own risk. You
expressly acknowledge and agree that House Of Clouds are in no way responsible
or liable for any such third-party sites.
15.
INDEMNIFICATION
You agree to defend and indemnify House Of Clouds and any of their directors, employees
and agents from and against any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting fees, brought by
third parties as a result of:
16.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted
by House Of Clouds for failed, partial or garbled computer transmissions, for
any computer, telephone, cable, network, electronic or internet hardware or
software malfunctions, failures, connections, availability, for the acts or
omissions of any service provider, internet accessibility or availability or
for traffic congestion or unauthorized human act, including any errors or
mistakes.
17.
CHANGES AND TERMINATION
We may change the website and these terms
at any time, in our sole discretion and without notice to you. You are
responsible for remaining knowledgeable about these terms. Your continued use
of the website constitutes your acceptance of any changes to these terms and
any changes will supersede all previous versions of the terms. Unless otherwise
specified herein, all changes to these terms apply to all users take effect.
Furthermore, we may terminate this agreement with you under these terms at any
time by notifying you in writing (including by email) or without any warning.
18.
PERSONAL DATA
Any personal information you submit
in connection with the purchase of products will be used in accordance with our
privacy policy. Please refer to our privacy policy.
19. INTEGRATION
CLAUSE
This agreement together with the privacy
policy and any other legal notices published by House Of Clouds, shall
constitute the entire agreement between you and House Of
Clouds concerning and governs your use of the website.
20.
DISPUTES
You agree that any dispute, claim or
controversy arising out of or relating to the breach, termination, enforcement,
interpretation or validity of these terms or the use of the website and
purchase of the products shall be resolved by binding arbitration between you
and House Of Clouds, provided that each party retains the right to bring an
individual action in a court of competent jurisdiction.
In the event a dispute arises in
connection with the products offered through the website or the breach of these
terms and conditions, the parties agree to submit their dispute to arbitration
resolution before a reputable arbitration organization as mutually agreed by
the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute
proceedings by sending us a communication through our contact information. House
Of Clouds may choose to send you a written offer after receiving your initial
communication. If we offer and send you a settlement offer and you do not
accept the offer, or we are unable to resolve your dispute satisfactorily and
you wish to continue with the dispute process, you must initiate the dispute
resolution process before an accredited arbitration organization and file a
separate Demand for Arbitration. Any award rendered by the arbitration tribunal
shall be final and conclusive on the parties.
To the fullest extent permitted by
law, you agree that you will not file, join or participate in any class action
lawsuit in connection with any claim, dispute or controversy that may arise in
connection with your use of the website and purchase of products.
The courts of Malta, shall have
jurisdiction over any dispute, controversy or claim relating to House Of Clouds
and its business operations. Any such dispute or controversy shall be brought
and resolved in the courts of Malta.
21.
FINAL PROVISIONS
These terms and conditions are governed by the laws of Malta. Use of our website is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms.
Our compliance with these terms is
subject to existing laws and legal process, and nothing contained in these terms
limits our right to comply with law enforcement or other governmental or legal
requests or requirements relating to your use of our website, your purchase of
products on our website, or information provided to or collected by us in
connection with your use of the website and purchase of products.
If any part of these terms is found
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions will not in any way be affected or
impaired. Our failure or delay in enforcing any provision of these terms at any
time does not waive our right to enforce the same or any other provision(s)
hereof in the future.
Any rights not expressly granted
herein are reserved.
22. CONTACT INFORMATION
If you have questions or concerns about these terms or the products, please
contact us through our contact page or via the contact information below:
House Of Clouds
Phone: +356 79793130
Email: Info@houseofclouds.store