Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Para Bellum and the consumer agree as follows.
Table of Contents
para-bellum.com, as well as every application provided by Para Bellum Games and its
affiliates (herein referred to as “Para Bellum”) for mobile devices, and all sales of products,
through our e-shop or application, made to you as the consumer (hereinafter, referred to
collectively as the “web site”), operated by Para Bellum Retail Ltd – Inomenon Ethnon 48,
Guricon House, 6042, Larnaca, Cyprus, company’s registration number [HE 380120], e-mail
[firstname.lastname@example.org]. You may find our contact details also through our Contact Us
Links to other web sites and plug-ins
Intellectual property and copyright protection
Any and all content, including but not limited to trademarks, logos, symbols, domain names, texts, designs, audios, images, photographs, backgrounds, icons, navigation tools, videos, and any downloadable content, among other, of the present web site or products displayed on the present web site are protected by copyright and intellectual property rights owned by Para Bellum and/or its affiliates. You are strictly prohibited to create any equal, similar and/or derivative works (including but not limited to 3D prints, sculpts or miniatures) based on the content of this web site. You agree to respect the intellectual property rights of Para Bellum and/or its affiliates and you are aware that intellectual property in this web site can never be used in any manner and any media without our prior written permission. Para Bellum cannot be held liable for damages suffered by any consumer who has copied, transferred, distributed or otherwise protected content used in this web site, violating rights of third parties.
Para Bellum hereby grants the consumer with a non-exclusive, non-transferable, right to use the web site and its e-shop, solely for the consumer’s own personal, non-commercial purposes, subject to the terms and conditions contained herein. All rights not expressly granted to you are reserved by Para Bellum and its licensees.
If you are interested in purchasing any of our promotional packages containing some of our Intellectual Property rights, please feel free to contact us through the relevant Contact Us page.
Disclaimer of warranties; Limitation of liability; Complaints
We do not guarantee, represent or warrant that your use of our products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the product will be accurate or reliable.
Some of our products have restrictions to their use (such as, but not limited to, age restrictions), by which you expressly agree to be bound. You expressly also agree that your use of, or inability to use, our product is your exclusive responsibility and at your sole risk. All products delivered are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use any products or for any other claim related in any way to your use any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product posted or otherwise made available, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In addition, Para Bellum shall not be liable for any other indirect damages (including but not limited to loss of time, emotional damage, reputational damage, loss of revenue, loss of profit or loss of an opportunity). Para Bellum shall not under any circumstances be liable for damages of any kind deriving directly or indirectly from (i) the Consumer’s use or inability to use the site, (ii) the Consumer’s trust in the information provided on the site, and (iii) errors, service interruptions, cancellations, file and e-mail damage or corruption, viruses or defects, delays in operation or transmission, communication failures, theft, destruction or unauthorized access to Para Bellum’s data, programs or services.
All complaints must be notified through our Para Bellum Contact Us section of the web site within 30 business days. If the complaint is found to be justified by a court decision, Para Bellum’s liability shall be limited to the reparation of or the exchanging of the delivered products.
Para Bellum warrants that any names, portraits, perceived slights or images of all items and products used in the present web site are fictitious. Any similarities with specific persons, symbols, places, events, organizations, products etc., are unintentional and entirely coincidental. No identification with specific persons, symbols, places and products is intended or should be inferred.
Once you’ve selected the product(s) you want to purchase, you will need to complete the information necessary for the completion of your selection. You will then proceed to check out. After checking out you will be redirected to a third-party payment website. Upon placing the order, Para Bellum will process your order and will notify you of its acceptance via the e-mail you have provided to us. The selected product(s) will then be sent to you. All the aforementioned phases are clearly presented during the ordering process. In case you require further explanations please contact us.
Para Bellum will archive the agreement with the consumer but it is the consumer’s responsibility to store it.
Acceptance of orders
To the maximum extent allowed under applicable law, all quotes or proposals are without engagement and without any obligation on Para Bellum’s part. Any order made by the Consumer via this web site shall always be confirmed by Para Bellum by e-mail in due time. The sales agreement is only entered into after Para Bellum has confirmed the order placed via e-mail.
If the products ordered are unavailable, Para Bellum reserves the right not to ship products. In that case, Para Bellum will inform the consumer that the products are unavailable and return any payment received as per the requirements under EU law.
The price of the products the consumer orders on the site is the price that is displayed on the site at the time the consumer confirms the order as mentioned in the confirmation e-mail sent to the consumer by Para Bellum. The total price and all additional charges therein, including shipping costs, VAT (where applicable) etc., will be fully and analytically presented to you before placing the order. Please be advised that additional charges may vary, depending on the destination of the shipment, as specified by you.
Payment – conclusion of the contract
Once the sale has been confirmed by Para Bellum, as described above, Para Bellum will send the consumer an order confirmation by e-mail (conclusion of the contract).
Para Bellum accepts most standard e-shop methods for payment. All payment options are clearly presented to you during the purchase procedure. Payments are debited instantly, unless the payment service provider delays.
Delivery, title and risk
Unless otherwise provided in the e-mail confirmation sent by Para Bellum, and without prejudice to Force Majeure, deliveries of the products will be made without undue delay, but not later than thirty (30) days following the order confirmation e-mail that will be sent to consumer (i.e. from the conclusion of the contract). The consumer shall be exclusively liable for erroneously communicated delivery addresses.
Para Bellum will use all reasonable expected endeavours to always deliver product(s) on time. In the unlikely event that a scheduled delivery date has been exceeded due to Para Bellum’s fault, the consumer has the right, without judicial intervention and upon simple notice, to cancel the order free of charge, to the extent Para Bellum has not yet sent the ordered products to the Consumer at that moment. In case of such cancellation, Para Bellum will refund the amounts already paid to the Consumer within thirty (30) days.
The risk of loss of or damage to the goods is passed to the consumer when the or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. However, the risk will be passed to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by Para Bellum, without prejudice to the rights of the consumer against the carrier.
Withdrawal, returns of products
Pursuant to EU law, the consumer has the right to inform Para Bellum of his withdrawal from the sale, without payment of any fine and without giving an excuse, within fourteen (14) calendar days from the day following the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or (i) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and on the consumer’s behalf acquires physical possession of the last good, or (ii) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and on the consumer’s behalf acquires physical possession of the last lot or piece, or in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good.
In case of withdrawal for the sale, the consumer must follow below instructions when returning the goods:
The product should be returned in the original unit packaging and shipping box, and
The shipping box should be carefully sealed for shipment
Para Bellum will reimburse the consumer no later than fourteen (14) days. Reimbursement will include everything the consumer was initially charged. The Consumer, however, will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
After sales support and warranty of products
For any after sales support and questions, the consumer can contact Para Bellum via email (email@example.com) or our Contact Us section.
The products are covered by a legal warranty of conformity from their manufacturer.
All warranty claims should be filed within 120 days of purchase and include photos of the pieces in question with original packaging and receipt of purchase. All claims must only be made on original issue product as designed by Para Bellum Games. “Kitbashing” and other after market changes may void warranty claims.
Products on the site may be purchased only by persons aged 18 years and over. By ordering products on the site, the consumer declares that he/she is an adult aged 18 or over. Please, also be advised on the product use age.
Para Bellum shall not be liable in case of Force Majeure (i.e. all situations under which it is very difficult or even impossible for Para Bellum to comply with its obligations under the present terms, including but not limited to disaster, fire, flood, earthquake, elements of nature, acts of God, actual or threatened terrorist attacks, acts of war, sabotage, explosion, riots, civil disorders, rebellions, revolutions and strikes, lockouts or labor disputes, government acts, accident or breakdown of plant or machinery, bugs in third party software, shortage of materials, failure by a utility provider (including electricity, gas, network or telecom provider)) and any actions or omissions beyond its reasonable control.
You agree to indemnify, defend and hold harmless Para Bellum Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by you and/or by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If an amendment is deemed to be material we will provide you with at least 30 days notice prior notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our web site after any amendments become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using and visiting our web site.