eCredits WebShop

General Terms and Conditions

The eCredits WebShop General Terms and Conditions are entered into by and between The People´s SCE with limited liability a European Cooperative Society, Business Register Number: B260175registered office at 16A Av. de la Liberté, 1930 Luxembourg, R.C.S. Luxembourg (hereinafter: “SCE”) and you and govern your use of the Webshop and your relationship with The People´s SCE.

 

1.            Validity and application of the General Terms and Conditions

 

The General Terms and Conditions of the Webshop and websites of the ThePeople’s SCE (hereinafter referred to as the “Terms” or "General Terms and Conditions") have been drawn up in accordance with the EU consumer protection laws, the General Data Protection Regulation (GDPR) and the EU electronic communications laws and relate to the operation and use of the eCredits Webshop and websites operated by The People’s SCE, and on the following websites: shop.ecredits.com (hereinafter: “Webshop”)

NODE PURCHASES

Among other items, the SCE offers the sale of node devices that independently run the eCredits blockchain system (hereinafter: “Nodes”). The Nodes consist of hardware supplied by Provider (as defined below) and software preloaded that is provided by SCE. If the User purchases the Nodes on the Webshop, then the User also enters into a legal relationship with Simply NUC Europe Ltd,  Unit 3 IDA Business Park, Ardee Road, Dunleer Co Louth A92 RP77, Ireland (hereinafter: “Provider”), which takes care of the delivery and return of Nodes, except in certain situations described below.

In the case of Node purchases on the Webshop, additional Node terms governing software licenses, intellectual property rights, responsibilities and risks with respect to the use of the eCredits blockchain shall also apply.

The General Terms and Conditions are published on the Webshop and determine the operation of the Webshop, the use of the Webshop, the protection of personal data, regulate the legal relations between the SCE and the User of the Webshop, as well as other rights and obligations of the SCE and the User.

The User of the Webshop is bound by the General Terms and Conditions in force at the time of use of the Webshop, and the Customer by the General Terms and Conditions in force at the time of placing an Order for purchase in the Webshop. When placing an Order, the User is specifically reminded of the General Terms and Conditions and must expressly confirm his/her awareness of the contents of these General Terms and Conditions before placing the Order.

 

ANCILLIARY POLICIES

The following documents are an integral part of these General Terms and Conditions and must be read and interpreted in conjunction therewith:

-         Privacy policy,

-         Node terms

(hereinafter collectively referred as: “Policies”)

 

The terms used in these General Terms and Conditions shall mean:

"User"                means a registered or unregistered visitor to the website, including all Customers.

"Customer"     a User who places an order through the SCE´s Webshop to purchase products (hereinafter also referred to as: “items, products, articles, or goods”) from the Webshop.

"Order"             means an offer made by the Customer to conclude a sales contract between the The People´s SCE and the Customer for the purchase of products from the Webshop, while the Provider delivers the fullfullment and returnal of goods

“Provider”       means the supplier and the provider of Nodes, the company SimplyNUC Europe Ltd, RMA001 Unit 3 IDA Business Park, Ardee Road, Dunleer Co Louth A92 RP77, Ireland, who provides the hardware for Nodes and takes care of delivery and is responsible for return of goods, warranties, material defects and withdrawals from the contracts under consumer laws, except as otherwise provided for herein.

“Website”        shop.ecredits.com – Shows information about the Webshop for articles, goods, items, products and services

2.     Accessibility of information

The SCE undertakes to provide the following information to the Customer at all times:

a)           the identity of the company (name and registered office of the company, registration number),

b)          contact details enabling the User to communicate quickly and efficiently via e-mail),

c)           the essential characteristics of the goods or services (including after-sales service and guarantees),

d)          the accessibility of the items

e)           the conditions for delivery of the items or performance of the service (method, place and time of delivery),

f)            all prices must be clearly and unambiguously stated, and it must be clearly shown whether they already include taxes and transport costs,

g)          the method of payment and delivery,

h)          the time validity of the offer,

i)             the period within the contract may still be withdrawn and the conditions for withdrawal; in addition, if and how much withdrawal costs the Customer has to pay,

j)             an explanation of the complaints procedure, including full details of the contact person or customer service.

 

Information about SCE:

The People´s SCE with limited liability a European Cooperative Society, registered office at 16A Av. de la Liberté, 1930 Luxembourg, R.C.S. Luxembourg.

Email: [email protected]

Reg. No.: B260175

Tax no.: LU33453169

 

Information about the Provider:

SimplyNUC Europe Ltd,  Unit 3 IDA Business Park, Ardee Road, Dunleer Co Louth A92 RP77, Ireland

3.     Limitation of liability and use of Webshop

 

3.1.       The Webshop is open every day, 24 hours a day, however, due to various technical or other reasons, it may happen that the operation of the Webshop or access to the shop is sometimes not possible, and the SCE reserves the right:

a)         to restrict, suspend or withdraw the sale of some or all products from the Webshop for a limited or indefinite period of time,

b)        to restrict or suspend access to the website for a limited or indefinite period of time, or to suspend access to the website completely or partially.

 

3.2.      The SCE reserves the right to make changes to the content of the website and these General Terms and Conditions at any time without prior notice. The User shall be deemed to have accepted the amendment of the General Terms and Conditions if the User continues to use the SCE’s websites.

 

3.3.      Neither Provider nor the SCE shall be held liable for any consequences arising from the use of the Webshop and the content contained therein, or in connection with the consequences arising from the information or data contained on the Webshop. The SCE and Provider also accept no liability for any computer viruses or harmful programs that may be transmitted to users from the Webshop and recommends that Users protect themselves against computer viruses with appropriate software before downloading information or content from the Webshop.

 

 

3.4.      The SCE and Provider hold no responsibility for any hardware or software malfunctions of users derived of the Webshop. The SCE and Provider shall not be liable for any intermittent inactivity of the Webshop, any inaccuracy of information or any damage caused by the use of inaccurate or incomplete information. The SCE and Provider or any other legal or natural person involved in the creation and production of the website shall not be liable for any damages arising from access to, use of, or inability to use the information on this website or for any errors or omissions in its content.

 

3.5.      Users may use the content of the SCE's websites exclusively for personal and non-commercial purposes. Any other use, copying, reproduction, distribution, publication or distribution of the content of the Website or Webshop or any part thereof is prohibited without the permission of the SCE.

 

4.           Product offer in the Webshop

 

4.1.       The products (“items, products, articles, or goods”) in the Webshop on the website shop.ecredits.com are part of the SCE's offer or product range.

 

4.2.      The SCE reserves the right to change product descriptions and correct errors in the information provided without prior notice. Product images are symbolic and do not always fully reflect the actual condition or characteristics of the product (in particular the size, material and exact colour of the product, which may also depend on the settings of the user's software and hardware used to access the Webshop).

 

5.           Prices, payment and supplies

 

5.1.       The prices published for the products in the Webshop are for online sales only and may differ from the prices in other retail or online shops. All prices are inclusive of applicable VAT and are expressed in EURO (EUR). Prices do not have a predetermined duration and are subject to change at any time without notice.

 

5.2.      The purchase of products from the Webshop is subject to the published price at the time of placing the Order, which is binding on the SCE and the Customer. The published prices do not include delivery or postage costs, which are indicated when calculating the value of the Order prior to placing the order electronically. The total value of the products and the postage costs are indicated on the invoice. The SCE and the Provider can´t give any guarantee about any additional customs clearance costs, because it is unpredictable and has to be paid by the Customer directly to the delivery agent or postage or other deliverers.

 

5.3.      Customers of the Webshop have different payment methods available:

 

a)         With cryptocurrency (for instance eCredits-ECS) through the eWallet app,

b)        by bank transfer and alternative payment options like GiroPay, EPS, Sofort)  to the account of The People’s SCE (according to the offer/invoice - online price applies)

c)         via PayPal account,

d)        by credit card payment providers

 

5.4.      The total purchase price and shipping costs are indicated on the invoice.

 

5.5.      All special offers or promotional offers published on the website are valid within the terms and conditions stated at the time of the special offer or promotional offer.

 

5.6.      The Offer is valid while supplies last. The SCE reserves the right to cancel an Order in the event that the requested product is out of stock.  The stock information on the website is for information purposes only and does not reflect actual stock levels.

 

5.7.      Some of the products which are marked as preorder the next batch can be “pre-ordered” even if they are out of stock. There is an option to purchase those, which will be shipped upon becoming available. The SCE and Provider do not guarantee the availability-date of upfront or such “pre-order”.

 

5.8.      The selected items remain the property of the SCE until the full purchase price has been paid.

 

 

6.           Purchase

 

6.1.       Purchase in the Webshop is made by selecting the desired product by clicking on the "add to cart" button.

 

6.2.      The User can remove the selected products from the cart, increase their quantity or simply continue with the purchase. In the next stage user click on the “proceed to checkout” button of the purchase process, the User is presented with the Customer's details and where the package will be delivered as well as agree on the General Terms and Conditions and the Privacy Policy. The Customer is able to proceed with an account registration or order as guest. Furthermore, the User must also select the payment method. If the User wishes to add a comment to the Order, there is a special field within the shipping method. Finally, the User confirms and agrees to the General Terms and Conditions and the Privacy Policy and completes the purchase by clicking on the "place order" button.

 

6.3.      In the event of disagreement with these General Terms and Conditions and the Privacy Policy, the Order cannot be placed. Before placing an Order by clicking on the "add to cart" button, the User has the possibility to review the entire Order once again, which contains information on the selected items, their quantity and price, the cost of delivery (postage) and tax, i.e. the total cost of the Order, and, if necessary, to modify the Order.

 

6.4.     After the Order has been placed, the system shall notify the Customer that the purchase has been completed. The User receives an e-mail from the SCE to the e-mail address provided at the time of ordering or registration, informing the Customer that the Order has been placed. The Customer is fully bound by the Order placed.

 

6.5.      Once the Order has been processed by the SCE, the Customer receives an e-mail confirming the Purchase, at which point a sales contract is concluded between the User and the Provider for the products ordered. When the confirmation message is sent to the User,  The SCE suggests that the User either print them out or save them on a suitable durable medium. In the Webshop the SCE shall inform the User where he can send his objections, comments, claims and declarations and shall inform the consumer of the possibility of withdrawing from the contract.

 

6.6.     The SCE shall send the Customer by e-mail all up-to-date information on the status of the Order (date of dispatch, change of delivery date, completion of the purchase, etc.).

 

6.7.      The copies of invoices - sales contract concluded between the Customer and SCE are archived at the SCE's registered office.

 

6.8.     By confirming your purchase in the SCE's Webshop, you expressly acknowledge:

 

a)         that you are at least 18 years of age,

b)        that you have read the General Terms and Conditions of the Webshop and the Privacy Policy, and that you understand the content of the provisions,

c)         that you are aware of the provisions of the consumer protection and personal data protection regulations,

d)        that you have provided truthful information to enable us to correctly execute the Order and deliver it to the chosen address and, if you fail to do so, you assume liability for incorrect execution and damages incurred,

e)         that you will notify us immediately if you become aware of any errors in the execution of the Order (e.g. written errors in the order submission or order confirmation message, in particular incorrect delivery address or item) or in the products,

f)          that you understand the nature of the products and you waive all responsibility and liability of SCE or Provider with respect to the performance, desired results or damages that may arise from the use of the Nodes.

 

7.           Packaging and delivery

 

7.1.       Upon successful completion of the Order, the SCE will take full responsibility for the products ordered (shipment).

 

7.2.      You can choose where to have your shipment delivered in the Webshop. You can choose the address of the payer or enter another address.

 

7.3.      In order to deliver the ordered items as quickly as possible, the Provider may choose the most optimal route. Delivery time is variable and depends entirely on the availability of supplies held by the Provider. For each order, an approximate delivery date for each product will be published on the website, but this is purely informative only. The delivery time may be longer than the estimated delivery time. Provider is not responsible for any delays caused by third parties, including delivery, freight, or other parcel services.

 

7.4.      Orders are usually dispatched on the first working day following the Order confirmation, provided that the purchase price is paid in full.

 

7.5.      If the delivery is unsuccessful, the Customer is responsible for providing the correct information to the SCE and have a look into the tracking. The SCE or the Provider are not responsible for unsuccessful delivery, this is the full responsibility on the Customer. Additional cost may arise for which the Customer is responsible to pay.
In case goods are returned to the sender (Provider), any additional shipping costs are payable by the Customer.

 

7.6.      For products that are out of stock at a given moment, the delivery time will be extended accordingly, of which the User will be notified by email. If the Customer does not agree to the revised delivery date, the SCE or Provider shall have the right to withdraw from the Order or the sales contract immediately.

 

7.7.      In the event that several products have been Ordered and some of them are in stock and others are not, the Provider will make partial deliveries of the goods, so that the products will be sent to the Customer according to the availability of stocks, unless the Customer indicates at the time of placing the Order or at a later date that he wishes to receive all the products at once. Even in the case of partial deliveries, postage will be charged only once for the entire Order, regardless of the quantity of the individual deliveries.

 

7.8.      In no event shall the damage caused to the Customer by loss or destruction of the consignment in transit exceed the value of the Order.

 

7.9.      The delivery charge is calculated automatically when the goods are ordered and is part of the final price of the Order, except any customs clearance cost which are unpredictable and depends on the country of delivery.

 

7.10.   The delivery price each time is published on the Webshop and may be amended without prior notification. The delivery price shall apply to the Customer at the time the Customer has successfully completed the Order.

 

7.11.     The SCE or the Provider holds no responsibility for loss or damage of the products during the return of the product by post. The carrier is responsible for any damage during transport. If, upon receipt of the shipment, the Customer notices that the package is physically damaged or shows signs of opening, or if the Customer is able to deduce from other signs that the goods in the package may be damaged, the Customer must immediately initiate a Return Merchandise Authorisation procedure (hereinafter: RMA) with the Provider. We advise that the Customer takes a picture of the still sealed damaged packaging and the damaged products.

 

7.12.    During extraordinary events or circumstances beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes, there may be delays in the production and delivery of orders.

 

8.           Privacy protection

 

8.1.       SCE and the Provider keep the personal data of Users secure and will unconditionally treat them in accordance with the applicable regulations on the protection of personal data. All personal data provided at the time of ordering will be used solely for the purpose of order fulfilment and other necessary communication for the successful operation of the business, unless the Webshop User has specifically consented to any other form of processing of personal data.

8.2.      Only in the case of explicit consent, we will also use your data to inform you about the launch of new or changes to existing services or products, special offers, prize draws and useful information about our services or products, to prepare individual or tailored offers, or other marketing activities. The above consent is not a condition for making a purchase in our offices or Webshop.

 

8.3.      For more information on the protection of personal data, please refer to our Privacy Policy.

 

9.           Withdrawal from the contract and return of goods, warranty and material defects

Provisions 9.1. and 9.2. and later provisions apply for ordered Nodes

9.1.       The Provider shall use commercially reasonable efforts to take care of the process of returning Nodes from the Customer to receive a refund, replacement, or repair during the Warranty or Returnal Period. The Customer shall contact Provider’s customer support to receive a Return Merchandise Authorisation (hereinafter: RMA) to start the returnal process.

 

9.2.      After the returnal process begins the Provider will generate an RMA number for each Order, if the Order contains multiple Nodes. Based on the RMA number the Provider shall run the process of returning a Node from the Customer to receive a refund, replacement, or repair during the Warranty or Returnal Period. If a Customer has issues with the software provided by the SCE, the SCE will handle all related issues, including refunds, replacements, or repairs.

 

9.3.      All returns of Nodes for either a refund, replacement, or repair shall be made to the Provider on the address:

 

SimplyNUC Europe Ltd,

 Unit 3 IDA Business Park, Ardee Road,

Dunleer Co Louth A92 RP77,

Ireland

 

I.  Withdrawal from the contract

 

9.4.     Customer, who is considered a consumer under consumer protection law, has the right to return the products purchased in the Webshop (withdrawal from the contract) within 14 days of receipt of the products, and the SCE guarantees the refund of the purchase price.

 

9.5.      The Customer exercises the right to withdraw from the distance sales contract by notifying the SCE in writing within 14 days from the date of receipt of the products that the Customer withdraws from the contract (withdrawal notice), without being required to give a reason for this decision. The period referred to in the preceding sentence shall begin on the day following the date of receipt of the product. The consumer may send the notice of withdrawal to the following address of the provider:

 

    [email protected]

 

9.6.            The date of receipt of the products referred to in the preceding paragraph, from which the 14-day withdrawal period begins to run, shall be deemed to be when:

 

a)         the consumer or a third party other than the carrier appointed by the consumer acquires actual possession of the goods,

b)        the consumer or a third party other than the carrier appointed by the consumer acquires effective possession of the last piece of goods, if the subject-matter of the contract consists of several pieces of goods ordered by the consumer in a single order,

c)         the consumer or a third party other than the carrier appointed by the consumer acquires effective possession of the last consignment or piece of goods where the delivery of the goods consists of several consignments or pieces,

d)        the consumer or a third party other than the carrier appointed by the consumer acquires effective possession of the first piece of goods if the delivery of the goods is regular over a period of time.

 

9.7.      In the event that the consumer has already received the goods ordered and wishes to withdraw from the contract, he shall return them to the supplier no later than 14 days after giving notice of withdrawal. The consumer shall be deemed to have returned the goods in due time if he sends them before the expiry of the 14- day return period. The Customer shall bear the costs of returning (sending) the products. Returned goods must be labelled with the value mark, marked with “online sale” and returned to the address of the Provider:

 

SimplyNUC Europe Ltd,

 Unit 3 IDA Business Park, Ardee Road,

Dunleer Co Louth A92 RP77,

Ireland

 

Any other goods (everything else but Nodes), must be sent to the SCE partner office, stated under each item on the Webshop.

 

9.8.  The Customer does not have the right to withdraw from the contract for contracts concerning goods:

 

a)         goods or services the price of which depends on fluctuations in the markets, beyond the control of the company, which may occur within the withdrawal period;

b)        goods which are made to the consumer's precise instructions and tailored to his personal needs;

c)         goods which are perishable or which are rapidly reaching the end of their useful life;

d)        the provision of a service, if the contract is fully performed by the undertaking and the provision of the service has been initiated with the consumer's express prior consent and with the understanding that the consumer loses the right of withdrawal when the contract is fully performed by the undertaking;

e)         the supply of sealed audio- or video-recordings and computer programs, provided that the consumer has opened the security seal after delivery;

f)          the supply of newspapers, periodicals or magazines, except in the case of subscription contracts for the supply of such publications;

g)        the supply of sealed goods which are not suitable for return for health or hygiene reasons, provided that the consumer has opened the seal after delivery;

h)        the supply of goods which, by their nature, are inextricably mixed with other objects;

i)           the supply of alcoholic beverages, the price of which is agreed at the time of conclusion of the sales contract and which may be delivered after 30 days, but whose actual value depends on market fluctuations beyond the control of the undertaking;

j)           concluded at public auctions;

k)         where the consumer has expressly requested a home visit by the undertaking to carry out urgent repairs or maintenance. If, during such a visit, the undertaking performs additional services not expressly requested by the consumer or delivers goods which do not constitute spare parts essential for the maintenance or repair, the consumer shall have the right to withdraw from the contract in respect of those additional services and goods;

l)          non-permanent accommodation, the transport of goods, the hiring of vehicles, the preparation and delivery of food, or leisure services for which the undertaking undertakes to fulfil its obligation on a specific date or within a specific time limit;

m)      the supply of digital content which is not delivered in a tangible medium, where the provision of the service has been initiated with the consumer's express prior consent and with the understanding that he or she thereby loses the right to withdraw from the contract.

 

9.9.     The Customer who withdraws from the contract must return the goods to the seller undamaged and in the same quantity, unless the goods are destroyed, damaged, lost or reduced in quantity through no fault of the Customer. The Customer may not use the goods until the contract has been withdrawn from. The Customer may inspect and test the goods to the extent strictly necessary to establish the factual situation.

 

9.10.   Upon withdrawal from the contract, only the amount paid shall be refunded to the Customer's bank account or other means of payment, if the buyer expressly so requests, for instance a return in ECS cryptocurrency. The full payment received will be refunded to the Customer in a prearranged manner within 14 days of receipt of the withdrawal notice at the latest, provided that the returned goods have been collected by the Provider.

 

9.11.    If the Customer has received defective or damaged goods, the Customer may return them within the statutory period of 14 days after receipt of the goods, provided that the goods are unused, in their original packaging and/or undamaged.

 

9.12.    Upon return of the goods, the Customer shall be liable for any diminution in the value of the goods if the diminution in value is due to handling which is not strictly necessary to establish the nature, characteristics and functioning of the goods.

 

9.13.   The Customer may not return the goods ordered under the conditions set out above or have the right of withdrawal (unless otherwise agreed by the parties) in respect of these contracts:

 

a)           goods or services the price of which depends on fluctuations in the markets which are beyond the control of the supplier and which may occur within the withdrawal period.

b)          the provision of a service, if the contract is fully performed by the provider and the provision of the service has been initiated with the consumer's express prior consent and with the understanding that the consumer loses the right of withdrawal when the contract is fully performed by the provider;

c)           the supply of goods which, by their nature, are inextricably mixed with other objects,

d)          if the label protecting the product from unauthorised servicing is defaced.

 

 

II. Material defects

9.14.   The Provider is liable for material defects in the goods which become apparent within two years of the goods being received over to the Customer (“Warranty and Returnal Period”). The Customer may exercise its rights under the material defect if the Customer notifies the Provider of the defect within two months of the date on which the defect was discovered (defect notification) during the Warranty and Returnal Period.

 

9.15.   The notice of defect may be communicated by the Customer to the Provider by email.

 

9.16.   The Customer shall describe the defect in detail in the defect notification and allow the Provider to inspect the item.

 

9.17.   The following shall be deemed to be a material defect:

a)           if the item does not have the characteristics necessary for its normal use or circulation;

b)          if the item does not have the characteristics necessary for the particular use for which the Customer is buying it, but which were known to the seller or are represented by the seller to have such purpose;

c)           if the thing does not possess the qualities and characteristics which were expressly or tacitly agreed or prescribed;

d)          if the SCE or the Provider has handed over a thing which does not correspond to a sample or model, unless the sample or model was shown only for the purpose of giving notice.

 

9.18.   A Customer who has duly notified the Provider of a defect shall be entitled to require the supplier to:

a)           remedy the defect in the goods; or

b)          refund a proportion of the amount paid in proportion to the defect; or

c)           replace the defective goods with new faultless goods; or

d)          refund the amount paid.

 

9.19.   Exceptions for Node guarantees. The Provider may refuse to provide a guarantee for a particular customer in the following cases:

a)         improper or inadequate maintenance or misuse by a Customer;

b)        repair, replacement, disassembly, or modification that is not authorised in writing by Provider or a Provider certified technician (RMA procedure);

c)         operation outside the environmental specifications of the product;

d)        improper site preparation and maintenance;

e)         improper storage or handling by the Customer;

f)          removal of the Simply NUC warranty label or serial number from the Node;

g)         enclosing the Node in a space that does not permit ambient air to circulate through the machine, which may lead to overheating.

 

9.20.  These rights expire on the expiry of two years from the date on which the Customer notified the Provider of the material defect.

 

Acceptance of items returned from warranty or material defect treatment

 

9.21.    The Customer is obliged to take delivery of the item which it has delivered to the Provider for warranty or other remedy after the remedy has been completed. The item shall be returned to the Customer at the address provided by the Customer for delivery.

 

10.         Dispute resolution

10.1.    In the event of a dispute arising out of the operation of the Webshop, SCE shall endeavour to resolve the matter quickly and amicably, in accordance with consumer law and good business practice. In accordance with the legal regulation on consumer laws the Customers that are consumer have the option of online out-of-court dispute resolution at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

whereby the SCE does not recognise any out-of-court consumer dispute resolution provider.

11.          Modifications to these terms

11.1.      We may modify General Terms and Conditions, any Policy, or the features of the Webshop at any time. We will notify you of any updated legal documents by posting it to our Webshop or via your provided email or otherwise communicated to you if/as needed. 

 

12.         Miscellaneous

12.1.     Interpretation. (a) When a reference is made in these Terms to a section, such reference shall be to a section of these Terms unless otherwise indicated;  (b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular; (d) Section and paragraph headings shall not affect the interpretation of these Terms.

 

12.2.    No Waivers. To be effective, any waiver by a party of any of its rights or the other party's obligations under these Terms must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise constitutes a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect. 

 

12.3.    Severability. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and the rest of the Terms remains in full force and effect. 

 

12.4.    Survival. Any terms which by their nature should survive, will survive the termination of these Terms.

 

12.5.    Governing Law; Venue. The Webshop is owned and operated by SCE in Luxemburg. The laws of Luxemburg govern these Terms and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your use of the Webshop or these Terms will be exclusively adjudicated in the jurisdiction of the courts of Luxemburg City, Luxemburg. 

 

12.6.    Customer support. If you wish to make a complaint about the Webshop, you can make a complaint through our customer service. If you have a complaint regarding the Nodes, you can make a complaint to the Provider. Your complaint shall be dealt with in accordance with our complaint management process.  

 

12.7.    Entire Agreement. These Terms, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of these Terms, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of these Terms. Except as expressly provided above, no modification or amendment of these Terms will be binding on us unless set forth in a writing signed by us. 

 

12.8.    Language. The original version of these Terms is written in English. Any translation into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.

 

12.9.    Contact. If You need to contact us in relations to these Terms please email us to through customer service. 

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND BY USING OUR SITE YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS AND GRANT US THE RIGHTS SET FORTH HEREIN.

 

The People’s SCE