This website is operated by TRANKVILE
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These Terms and Conditions rule your access to and use of our website www.trankvile.com and social media pages accessible from it (hereinafter called „The Site“), including our email notifications, applications, buttons, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on The Site. Under these Terms you must be 18 years and older to use The Site. Therefore, these terms do not make provisions for individuals under 18 years old. Nor do these terms apply to the practices of individuals that TRANKVILE does not employ or manage or third parties that TRANKVILE does not own or control. By using The Site you accept these terms and expressly consent to our collection, storage, use and disclosure of your personal information as described in these terms. The terms “we”, “us” or “our” shall refer to TRANKVILE The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third- party rights or benefits. TRANKVILE, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Site. Therefore, you should review this page periodically. You acknowledge and agree that (i) TRANKVILE may notify you of such changes or modifications by posting them to the Site and (ii) your continued use of The Site after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these Terms or to any future Terms and Conditions, do not use The Site.
1. Content of The Site
All content included on The Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the exclusive property of TRANKVILE, its affiliates or its content suppliers and is protected by international copyright laws as well as by any relevant national law concerning copyright, authors rights and database right laws. The compilation of all content on The Site is the exclusive property of TRANKVILE and its affiliates and is protected by German, European Union and international copyright and database right laws. All software used on The Site is the property of TRANKVILE, our affiliates or our software suppliers and is protected by international copyright and authors’ rights laws. It is therefore understood that all intellectual property rights – including, without limitation, all copyrights, database rights, rights in trademarks (except for what specifically provided hereinafter), rights in designs, rights in know-how and, in case, rights in patents and inventions as well as all other intellectual or industrial property rights – concerning any information, content, materials, data or processes contained in The Site belong to TRANKVILE, its affiliates and/or its content suppliers. All such intellectual property rights of TRANKVILE, its affiliates and/or its content suppliers are hereby reserved. Except for the rights and licenses expressly granted, TRANKVILE reserves all other rights and no other rights are granted by implication or otherwise. You may not systematically extract and/or re-utilise parts of the contents of The Site without TRANKVILE express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering
and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of The Site, without TRANKVILE express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of The Site without TRANKVILE express written consent. Except where expressly stated to the contrary, all third party trademarks and images of third party products, services and/or locations featured on The Site are in no way associated, linked or affiliated with TRANKVILE and you should not rely on the existence of such a connection or affiliation. Any third party trademarks/names featured on The Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are provided with the endorsement of the respective brand owner.
A. User Content
Some of the features of The Site may allow Users to view, post, publish, share, store, or manage ideas, recommendations, or advice, or other content, including but not limited to photos and videos. By posting or publishing User Content to The Site or to the Services found at The Site, you warrant to TRANKVILE that (i) you have all necessary rights to distribute User Content via The Site or via the Services found at The Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
You agree not to bypass, disable or otherwise interfere with the security-related features of The Site or the Services found at The Site (including without limitation those features that prevent or restrict use or copying of any Content of The Site or User Content) or enforce limitations on the use of The Site or the Services found at The Site, Content of The Site or the User Content therein.
C. TRANKVILE use of User Content
a)You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
b) With Respect to User Submissions, you acknowledge and agree that:
– Your User Submissions are entirely voluntary;
– Your User Submissions do not establish a confidential relationship or obligate TRANKVILE to treat your User Submissions as confidential or secret;
– TRANKVILE has no obligation, either express or implied to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions;
– TRANKVILE may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
D. With Respect to User Content
Subject to the terms and conditions of the brand and merchant accounts, if you post or publish your User Content to this Site, you authorize TRANKVILE to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by The Site and this Agreement. Accordingly, you hereby grant TRANKVILE a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with The Site and TRANKVILE business, including without limitation for promoting and redistributing all or part of The Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of The Site a non- exclusive license to access your User Content through The Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of The Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from The Site. You understand and agree, however, that TRANKVILE may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.
2. Your responsibility for your content
A. To TRANKVILE and our community.
TRANKVILE provides a creative and positive place for you to discover and share and buy electric vehicles and accessories you love. We reserve the right, but are not obligated, to remove User Content from The Site for any reason, including User Content that we believe violates these Terms.
B. To third parties.
TRANKVILE values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to The Site does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but are not obligated to remove User Content from The Site for any reason, including User Content that we believe violates these Terms. You must understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can post or re-post User Content on your profile.
C. Feedback you provide
We value the feedback we get from our Users, and are always interested in learning about ways we can improve ourselves. You may choose to or we may invite
you to submit comments, ideas or feedback The Site, including without limitation about how to improve the Service or our products. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place TRANKVILE under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, TRANKVILE does not waive any rights to use similar or related Feedback previously known to TRANKVILE, or developed by its employees, or obtained from sources other than you.
3. Software and Content Claims
Trademark Claims and Copyright Claims
TRANKVILE respects the trademark rights of others and expects you to do the same. Content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended. If you are concerned that someone may be using your trademark in an infringing way on The Site you can let us know by sending an email to firstname.lastname@example.org TRANKVILE will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from The Site. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, TRANKVILE requests that the Complaining Party substantiate such claim by sending a mail to email@example.com.
4. Using The Site Changes to the Service.
We may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. Your continued use of our sites indicates your consent to these Terms and any amended versions.
5. General Terms of Sale
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e- mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals over 18 years of age and others, who meet the TRANKVILE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to TRANKVILE, whose applications are acceptable to TRANKVILE and who have authorized TRANKVILE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. TRANKVILE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where TRANKVILE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
By placing an order you are offering to purchase a product from TRANKVILE Orders can be made through our website and cannot be made by phone. After that, items return to our site and are available for purchase by other TRANKVILE members. The Site permits you to check any errors before sending your orders to us. If your order is accepted, we will inform you by email. All orders are subject to availability and confirmation of the order price. When placing an order you undertake that all details you provide to us are true and accurate, that you are over 18 years and are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement for information purposes only and will not constitute acceptance of your order. A contract between the seller and you will not be formed until we send you confirmation by a further e-mail.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. We reserve the right not to accept your order in the event, for example, if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria.
Payment can be made via paypal, bank transfer or credit cards with additional charge stated in the order process. We do not charge your credit or debit card until your order has been actually confirmed by us. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and possibly requesting further information. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/ debit cardholders are subject to validation checks and authorisation by the card issuer.
C. Cancelling your order
TRANKVILE is happy to accept cancellations, for any reason, up to 3 hours after your order is confirmed by the system. Once your order has been processed, we will be unable to cancel it.
D. Order Tracking
When you place an order, you will receive an email acknowledging receipt of your order. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and possibly requesting further information. You will receive regular updates on your order and delivery status by email or we are providing you a tracking number for following your shipment by yourself.
Shipping is calculated in the checkout process. We use standard postal delivery. Depending on the location delivery can take up to 4 weeks. TRANKVILE is not responsible for any delays caused by destination customs clearance processes.
Shipping costs and destinations are shown during the buying processes using our webshop.
F. Returns and refunds
(a) If you changed your mind, refunds will be proceeded for any reason, up to 14 days. In the EU you have the right to return these purchases within 14 days for a full refund but please note that the transport cost of the return must be paid by the purchaser. (b) We strongly recommend you carefully check your delivery in front of the delivery man, before signing any delivery slip. Make sure to open the parcel and check your product(s). If we have made a mistake (the product(s) shipped does (do) not match the style, size or color you ordered or the product(s) shipped is (are) defective workmanship), we will fully refund you. Make sure to follow the process below: – DO NOT take delivery of the product(s). Make sure to clearly mention the reasons on the delivery slip (wrong color, wrong size, wrong parts etc.) – If the delivery happened in your absence, please send us an email at firstname.lastname@example.org within 3 days of receiving your parcel. Do not forget to mention your order ID and precisely describe the problem. We will explain you how to proceed. WARNING: issuing reservations on the consignment note cannot be accepted as a claim. If one article which has been ordered by purchaser does not meet the requirements promised by TRANKVILE the purchaser has the right to ask for the replacement, compensation, withdraw from the contract or ask the price to be lowered. In order the purchaser has complaints then purchaser has the right to turn to ODR consumer rights platform found at http://ec.europa.eu/consumers/odr/. In order to practice your right of refund the purchaser has to open the package with care and without damaging it.
G. Limitations on Warranty.
TRANKVILE liability for any defect in Goods, whether based on contract, tort, warranty, strict liability, or any other theory, shall not exceed the purchase price of the defective Goods. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. IN PARTICULAR, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR OR REPLACEMENT PROVIDED UNDER THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. TRANKVILE SHALL HAVE NO LIABILITY TO THE CUSTOMER FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY NOT CAUSED BY NEGLIGENCE OF TRANKVILE, PROPERTY DAMAGE, LOST PROFITS, OR OTHER ECONOMIC INJURY DUE TO ANY DEFECT IN THE GOODS OR ANY BREACH OF THIS AGREEMENT BY TRANKVILE No representative, agent or dealer of TRANKVILE has authority to modify, expand, or extend this Warranty, to waive any of the limitations or exclusions of this Warranty, or to make any different or additional warranties with respect to any Goods or services furnished by TRANKVILE
6. Third-party Links, Sites and Services
The Service may contain links to third- party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TRANKVILE TRANKVILE does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that TRANKVILE will have no liability arising from your use of or access to any third-party website, service, or content.
7. Privacy and Security
You agree to indemnify and hold harmless TRANKVILE and its officers, directors, employees and agents, subsidiaries and affiliated companies, their successors, assigns and customers from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or TRANKVILE Content, (ii) your User Content, or (iii) your breach of any of these Terms.
The services, including without limitation all content and other subject matter included within the services, are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, TRANKVILE specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. TRANKVILE takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over The Site. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of your and their user Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services, TRANKVILE content, and user content remains with you and you use the services at your own risk. You agree that neither TRANKVILE nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, punitive or consequential damages, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or related to these terms or from the services, or from the use of or inability to use the services, user content, TRANKVILE content, or from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TRANKVILE has been informed of the possibility of such damage. In addition, you specifically acknowledge and agree that no oral or written information or advice provided by TRANKVILE, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice. In no event will TRANKVILE aggregate liability, or that of its officers, directors, employees and agents, arising out of or in connection with these terms or from the services, or from the use of or inability to use the services, user content or TRANKVILE content exceed the total amount paid by you for the particular services that are the subject of the cause of action. TRANKVILE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own choice and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.
11. Linking to TRANKVILE
You may link to The Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
12. General Terms
A. Notification Procedures and changes to these Terms.
TRANKVILE may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by TRANKVILE in our sole discretion. TRANKVILE reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms. TRANKVILE may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. TRANKVILE is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TRANKVILE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
C. Entire Agreement/Severability
These Terms, together with any amendments and any additional agreements you may enter into with TRANKVILE in connection with the Service, shall constitute the entire agreement between you and TRANKVILE concerning the Service. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. So far as possible where any provision or part of a provision can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the provision as is permitted by law.
D. No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TRANKVILE failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
E. Governing law and jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of Germany and European Union and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the german courts.
F. Force majeure
If TRANKVILE is prevented or delayed (directly or indirectly) from making delivery of the Products or any portion of the Products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break- down, inclement weather, interruption of transport, Government action, delay in delivery to TRANKVILE of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such TRANKVILE control («force majeure»), neither party hereto shall be under any liability whatsoever to the other party by reason of such event.
Please contact us at email@example.com with any questions regarding these Terms.