Please read these ‘Terms and Conditions’ of use carefully before placing an order on www.ahccshiitake.com (‘Website’) for any services supplied by Cubierta (Cubierta LLC).
These ‘Terms and Conditions’ apply to all products supplied by Cubierta Oy (‘Company’), fully registered in Finland,
Reg. No. 3235726-6 (‘We/Us’).
Please read these ‘Terms and Conditions’ carefully and retain a copy for future reference if needed.
By ordering products on the Website, you agree and accept your agreement to be bound by these ‘Terms and Conditions’ herebelow.
In addition to your statutory rights as a consumer, these ‘Terms and Conditions’ shall govern the Contract to the exclusion of any other terms or conditions.
1. Sale
1.1 The Customer (‘Consumer’) shall place an Order for services by submitting a completed order form on the Website. The Company shall confirm acceptance of the Customer’s order in writing via email and will supply the services to the Customer by the Customer’s Order.
1.2 Subject to the customer’s statutory rights the Company reserves the right to refuse to supply the services.
1.3 The Company supplies services to the Customer for its use and not for resale or any other commercial purpose unless you have opened a Trade account with Us. Separate terms and conditions apply to trade accounts, which are available on request to trade customers.
1.4 When you submit an Order on the website, it does not mean the Company has accepted your Order. No Contract exists between you and Us for the sale of any services until We sign the paper contract. Once We do so, there is a binding legal Contract between us.
1.5 The Contract is subject to your right of cancellation if you are a Consumer (see below).
1.6 We may change these ‘Terms of Sale’ without notice to you about future sales.
1.7 The Company reserves the right to increase prices for the services on the website before accepting the order from the Customer due to any reasons beyond the control of the Company (such as, without limitation, any foreign currency exchange fluctuation, currency regulation, increase in the costs of the services to the Company).
Every effort is made to ensure that the prices shown on our website are accurate at the time you place your order.
If, by mistake, we have under-priced some services, we will not be liable to supply these services to you at the stated price provided that we notify you before we receive the for these services.
1.8 The Company shall take the right to make any changes in the description of the services to reflect any changes coming from legal bodies to conform with any applicable statutory or EU regulations.
1.9 The services are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply particular services, We will not be liable to you except to ensure that you are not charged for these services.
We will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your payment method for the services.
1.10 If an error is found on Our website or in any order, The Company will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, We will refund you or credit you for any sum that has been paid by you or debited from your payment method for the ordered services.
1.11 The price of the services is inclusive of Finnish VAT which the Customer shall be liable to pay to the Company.
Finnish VAT for services is 24%.
1.12 Payment for the services can be made by any method shown on Our website at the time you place your order.
2. The Price
2.1 The Price of services and Conditions governing this Contract shall be the Price and Conditions quoted on the website on the date of placing the Order.
3. Payment Terms
3.1 Payment for services can be made by any of the payment methods available on the website via PayPal payment provider (PayPal account, Visa, Master Card, American Express cards). There might be some more payment methods available on the Website depending on the current situation.
3.2 All services are subject to availability. If on the receipt of your Order, the services you have ordered are not available, the Company will inform you as soon as possible, and refund you for any amount that has been paid by you or debited from your card or PayPal account.
3.3 All prices on the Website are inclusive of VAT.
4. Cancellation/Returns Policy
5.1 You may cancel your order before we make and sign the paper Contract by notifying Us in writing at hello@yourbusiness2.eu stating your order number and the reason for cancellation.
5.2 The Order amount we authorize on your card or PayPal account will remain in this state until both parties sign the paper contract.
5.2 When the Contract is signed by both parties, the Order amount will be charged to your card or PayPal account.
5.3 If for some reason the Customer decides to terminate the Contract it shall be done according to the terms and conditions stipulated in the Contract.
5.4 When the Contract is terminated, the Order amount shall be refunded partly or in full to the payment method used to pay the Order.
5.5 All costs and expenses incurred by the Company regarding the Contract by the time the Contract is terminated shall be debited from The Order amount refunded to the Customer.
6. Liability
6.1 The Company shall be responsible for the quality, scope, and specifications of services provided to the Customer as per the Contract.
7. Data Protection
7.1 The Company guarantees that it shall endeavor to protect the Customer’s privacy and data by any EU and Finnish applicable law or revisions thereto and shall not sell personal information or share it with third parties otherwise than as set out in the Company’s Privacy Policy.
Please see our Privacy Policy for the personal information we collect through our website and how we use it.
7.2 We will only use the information you provide about yourself to fulfill your order or to notify you of pertinent services that We supply and that may be of interest to you unless you agree otherwise.
You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Us at the address or email address shown below.
7.3 We collect cookies. Cookies help us to keep customers signed in on different devices you may use to visit our website. You can review Cookie Policy here.
8. Intellectual Property
8.1 All copyright in the material contained on the website belongs to Cubierta Oy (The Company).
9. Company Registration
9.1 These are the ‘Terms and Conditions’ of Cubierta Oy (The Company) (registered number 3235726-6) whose principal place of business and logistic facilities are at
Maariankatu 4
Hamina
49400
Finland.
VAT number is FI3235726-6.
10. Acceptance of Conditions
10.1. By ordering, the customer acknowledges that it has agreed to the incorporation and acceptance of these ‘Terms and Conditions’.
Please contact us if you have any questions. Our contact details are:
Email: hello@yourbusiness2.eu
Telephone: +358 465791038
By post:
Cubierta Oy
Maariankatu 4
Hamina
49400
Finland.
Please be aware that until your order is placed, the Company (as defined below) reserves the right to vary these conditions from time to time. Once the order has been placed no variation to the conditions shall be binding.
11. The right to withdraw
11.1 The Company may withdraw the sale of any services supplied by the Company without prior notice, or liability, to the Customer.
11.2 Where the Company provides the Customer with services information (including but not limited to description) about any conditions, recommendations, or warnings necessary to ensure that any consequences resulting from provided services will be safe, the Customer agrees to use what it gets under the Contract in a safe way without any harm whatsoever to the Company or any third parties.
11.3 The Company shall not be liable for injury or loss suffered by the Customer as a direct or indirect result of provided services where the Customer fails to follow the Company’s ‘Terms and Conditions’, its recommendations or terms and conditions stated in the Contract.
12. Termination
12.1 The Company may terminate the Contract related to the Order on the website or any other contract between the parties concluded for the services provided by the Company and may cancel or suspend future deliveries of services (under this Contract or any other contract) if the Customer: fails to make payment of the Order Total; and is in breach of these Conditions or any other contract between the parties.
12.2 On termination, the Customer shall pay to the Company all costs, expenses (including legal and other fees incurred), arrears, charges, or other payments arising in respect of the services under the Contract at the date of termination.
13. Miscellaneous
13.1 Any notice required under these ‘Terms and Conditions shall be in writing addressed to the other party at its principal place of business or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served:
13.1.1 if sent by prepaid first class post to the party to whom it is given, on the second Working Day after posting; or
13.1.2 if sent by prepaid air-mail post to the party to whom it is given, on the seventh Working Day after posting; or
13.1.3 if sent by email to the recipient’s email address at the date and time but provided that a hard copy is sent by post (subject to 13.1.1) within 24 hours of delivery of the email.
13.2 If any of these ‘Terms and Conditions’ is held by any competent authority to be unlawful, invalid, or unenforceable in whole or in part then the validity of the other provisions of these ‘Terms and Conditions’ and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
13.3 The Contract and these ‘Terms and Conditions’ shall be governed by the laws of Finland and the parties submit to the exclusive jurisdiction of the Finnish courts.
13.4 The Customer shall not transfer, assign or subcontract its obligations under the Contract without the Company’s prior consent in writing.
13.5 Failure or neglect by the Company to enforce at any time any of these ‘Terms and Conditions’ shall not be a waiver of the Company’s rights and it shall not affect the validity of the whole or any part of these ‘Terms and Conditions’ or prejudice the Company’s right to take subsequent action.
14. Acceptance of Conditions
14.1 By ordering, the Customer acknowledges it has agreed to the incorporation and acceptance of these Conditions.
15. Applicable Law
15.1 These ‘Terms and Conditions’ and the supply of the products will be subject to Finnish law, and the Finnish courts will have jurisdiction in respect of any dispute arising from the Contract, or related to, a visit to the website, although we retain the right to bring proceedings and enforce judgments against you for breach of these conditions in your country of residence or any other relevant country.
15.2 This does not affect any legal rights you may have as a consumer under the law of the United Kingdom or EU country where you live or any right you may have to take legal proceedings there.
16. CUSTOMER SERVICE
16.1 For further information about services listed on the website, or to deal with any queries, please contact our Customer Care Department by email at hello@yourbusiness2.eu or by telephone on +358 465791038 (Finland).
17. Accessing Our Website
17.1 Access to our website is permitted temporarily, and We reserve the right to withdraw or amend the service we provide on our website or to restrict access to some parts of our website, or our entire website, to users who have registered with us without notice.
17.2 We shall not be liable if for any reason our website is unavailable at any time or for any period. It could happen, for example, when the hosting provider schedules maintenance. At that time the website can become inaccessible.
17.3 If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We retain the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
17.4 When using our website, you must comply with the provisions of these ‘Terms and Conditions’ as set out herein.
17.5 You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and that they comply with them.
18. Your use of our website
18.1 You may use our Website only for lawful purposes.
18.2 You may not use our Website:
-in any way that breaches any applicable local, national, or international law or regulation.
-in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
-to harm or attempt to harm minors in any way.
-to send, knowingly receive, upload, use, or re-use any material which does not comply with our content standards.
-to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
-to knowingly transmit any data, send or upload any material that contains any kind of viruses, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
-not to reproduce, duplicate, copy, or re-sell any part of our website in contravention of the provisions of these terms.
-not to access without authority, interfere with, damage, or disrupt:
Any part of our website;
Any equipment or network on which our Website is stored;
Any software used in the provision of our Website; or
Any equipment or network or software owned or used by any third party.
19. Changes on the Website
19.1 We aim to update our website regularly and may change the content at any time. Therefore we encourage you to read these ‘Terms and Conditions regularly even if you are a registered user since these terms are legally binding on you.
19.2 If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
20. Website liability
20.1 The website is provided as it currently is and we do not guarantee that the website will meet your expectations or requirements. If your computer equipment does not support relevant technology, including encryption, you may not be able to access the website and/or use some or all of the services.
20.2 The website is accessed via the World Wide Web, which is independent of ours. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations.
20.3 We will not have any liability to you or any other person, arising out of or in connection with your use of the website, or your inability to use the website, or for any other reason including: (i) anything due to any events outside our reasonable control; or (ii) unforeseeable losses or damages.
20.4 Nothing in these ‘Terms and Conditions’ is intended to limit or exclude any liability for death or personal injury arising from negligence, for fraudulent misrepresentation, or any other liability which may not be limited or excluded by law, or intended to affect your statutory rights as a consumer.
21. Viruses, hacking attacks, and other offenses
21.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the website, the server on which the website is stored or any server, computer, or database connected to the Website. You must not attack the website via a denial-of-service attack (DOS attack) or a distributed denial-of-service attack (DDOS attack).
21.2 By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990 as may be amended or re-enacted. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
21.3 We will not be liable for any loss or damage caused by a DDOS attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
21.4 The website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. The website from which you are linking must comply in all respects with the content standards set out herein.
21.5 If you wish to make any use of material on the website other than that set out above, please address your request using the information on the ‘Contact Us page.
22. Links from the website
22.1 The website might have links to other sites and resources provided by third parties. These links are provided for information only. Other links can be supplied by third parties providing plugins for the Website or caused by Google Analytics procedures. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
23. Suspension, Termination, and Indemnity
23.1 If you breach or fail to comply with these ‘Terms and Conditions or any part thereof, we may take such action as we deem appropriate and may result in our taking all or any of the following actions:
Immediate, temporary, or permanent withdrawal of your right to use the website.
Immediate, temporary, or permanent removal of any posting or material uploaded by you to the website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude all and any liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
24. Variations
24.1 We may revise these ‘Terms and Conditions’ or any part of them at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in ‘Terms and Conditions’ may also be superseded by provisions or notices published elsewhere on our website.
In case you have any concerns about content of the website, please contact Us at hello@yourbusiness2.eu.
