Terms of Use – Batana

Terms of Use for myBatana.com

Last updated: January 2, 2024

myBatana and/or its affiliates (“myBatana.com”, “we”, or “us”) operate an online store (“myBatana”) located at www.myBatana.com where you can purchase products and services (“myBatana Products”).

These Terms of Use apply to the content and functionality of the myBatana Store, as well as to the products in the myBatana Store.

1. Information you provide to us

You may provide us with information about you when you visit the myBatana store. Our Privacy Policy explains our practices regarding this information. We may need to send you emails and text messages, for example, to provide you with important information regarding your delivery. You authorize us to send these messages when you visit the myBatana store and provide your contact information. Standard text messaging or data rates may apply to text messages. Where offered, you may unsubscribe from text message notifications by replying to such a message with “STOP” or by following the instructions provided in the message. However, by unsubscribing from text messages, you may disable important security controls and increase the risk of loss to your business.

2. Copyright of myBatana

As between you and myBatana, myBatana and its licensors exclusively own all right, title and interest in and to any patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets and all other intellectual property embodied in or contained in myBatana (“myBatana”). myBatana is protected by copyright, trade secret, patent and other intellectual property laws, and all rights in myBatana not expressly granted to you in these Terms of Use are reserved.

You may choose to do so, or we may invite you to submit comments or ideas regarding improvements to the myBatana store or our products or services (“Ideas”). If you submit an Idea, we will assume that your submission was voluntary, unsolicited by us, and delivered to us without any restriction on our use of the Idea. You also agree that myBatana has no fiduciary or other obligation to you in connection with any Idea you submit, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to myBatana

myBatana grants you a limited, revocable, non-exclusive, and non-transferable license to access the myBatana store. This license does not include any right to use the content and information, including product listings.

You may not display, copy, modify, transmit, or otherwise use myBatana and myBatana trademarks.

4. Products, Content and Specifications.

Details of the products and services available for purchase in the myBatana Store (“myBatana Store Products”) are set forth in the myBatana Store. All features, contents, specifications, products and prices of the products and services described or depicted in this myBatana Store are subject to change at any time without notice. Unless expressly stated otherwise, all weights, measurements and similar descriptions are approximate and are provided for convenience only. Packaging may differ from that shown, and the appearance of a product in reality may differ from its appearance in the myBatana Store due to limitations of the systems you use to access the myBatana Store. The inclusion of products or services in the myBatana Store at a particular time does not imply or warrant that such products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for various reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions

a. Subscription Terms. We may offer you the opportunity to purchase subscriptions through the myBatana store. The specific terms of a subscription will be communicated to you at or before the time you purchase the subscription, and by purchasing the subscription, you agree to those terms.

b. Free Trials and Promotional Periods. If a subscription begins with a free trial or promotional period, you will have the right to cancel the subscription before the end of the trial or period. If we do not provide you with an online cancellation mechanism, you may exercise this right to cancel by contacting us. We will send you an email before the end of the free trial or promotional period to remind you that the trial or period is ending and to give you the opportunity to cancel before the start of the paid period. If you do not cancel, we will charge you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the specific terms of the subscription.

c. Cancellation. Your cancellation rights and the mechanism by which you can notify us of your decision to cancel will be communicated to you at or before the time of your subscription.

6. Your account

We may require you to create an account to access the myBatana store, including to make purchases. If so, you must provide accurate information about yourself when you create your account and ensure that you notify us if this information changes. You must ensure that your login information remains confidential. You are responsible for all activity, including purchases, that occurs under your account. We reserve the right to terminate your account at any time and for any reason.

7. Delivery and returns

This Section 7 applies to myBatana Products that are physical goods. For clarity, this Section 7 applies notwithstanding the terms of any invoice or purchase order to the contrary.

Orders are shipped by carriers selected by myBatana. The delivery charges that you will be charged, if any, will be communicated to you before you confirm your order. If we provide you with an estimated delivery date, the estimated delivery date is not guaranteed, and stock shortages or events beyond our control may affect the delivery date. myBatana is not responsible for delivery after the estimated delivery date, nor for any loss, damage or penalty you may incur due to delays in delivery or shipping. Unless otherwise specified in the product description, each myBatana product will be delivered to the FCA delivery address (as designated on the applicable order) (Incoterms 2010).

Unless otherwise stated in the product description, myBatana products can be returned in their original packaging and condition (including all supplied accessories and components) within 14 days of receipt of the item. However, unless we state otherwise, you will only be eligible for a refund if we provide you with an item that does not match the product description of the item you purchased. If this happens, your sole remedy is to return the item in an unused condition, for a refund. To begin the return process, please contact us. Return instructions will be provided to you. myBatana will not bear the return shipping costs and will refund you the full purchase price.

8. Sanctions and export policy

You may not use the myBatana Store or purchase products from the myBatana Store for the benefit of or on behalf of any country, organization, entity, or person that is embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Assets Control (OFAC) . We make no representation, warranty, or guarantee that the myBatana Store or any product from the myBatana Store is or will be appropriate or available for use in any location or jurisdiction, or in compliance with the laws of any location or jurisdiction, or in compliance with any laws governing export, import, or foreign use.

10. Guarantees

We provide the myBatana products “as is” and “as available,” without any express, implied or statutory warranty of title, merchantability, fitness for a particular purpose, or non-infringement. No data, documentation or other information provided by myBatana or obtained by you from or through the myBatana store—whether from myBatana or any other entity, and whether oral or written—creates or implies any warranty by myBatana to you.

myBatana disclaims any knowledge and does not warrant: (a) the accuracy, reliability or completeness of any data provided by myBatana; (b) that the myBatana Products will meet your specific needs or requirements; (c) that the myBatana Store will be available at any particular time or location, will operate without interruption or will be secure; (d) that myBatana will correct any defects or errors in the myBatana Store; or (e) that the myBatana Store is free of viruses or other harmful code. Use of any data, products or services that you access, purchase or download through the myBatana Store is at your own risk – you are solely responsible for any damage to your property, loss of data or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use shall operate to exclude, restrict or modify the application of any condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law to the extent that to do so: (a) would contravene such law; or (b) would render any term of this agreement void.

10.1 Limitation of liability

In no event will myBatana be liable to you for any indirect, punitive, incidental, special, consequential or exemplary damages resulting from your use of or inability to use the myBatana Store or the unavailability of the myBatana Store, or for lost profits, personal injury, or property damage, or any other damages arising out of, in connection with, or related to these Terms of Use or your use of the myBatana Store, even if such damages are foreseeable, and whether or not you or myBatana has been advised of the possibility of such damages. myBatana is not responsible for and disclaims all liability for any damage, injury or loss resulting from or related to any hacking, tampering or other unauthorized access to or use of myBatana or your failure to use or implement anti-fraud measures, security controls, or other data security measures. myBatana also disclaims any liability or damage caused to you or others by (a) your access to or use of the myBatana Store in a manner that is not in accordance with our instructions; (b) any unauthorized access to the servers, infrastructure or data used in connection with the myBatana Store; (c) any bugs, viruses or other harmful code that may be transmitted to or through the myBatana Store; (d) any errors, inaccuracies, omissions or losses in or to data provided to us; (e) third party content provided by you; or (f) the defamatory, offensive or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by myBatana with respect to the myBatana Products to your direct and documented damages; and you further agree that, in no event, will such liability exceed, in the aggregate, the greater of the amounts you paid to myBatana during the three-month period immediately preceding the event giving rise to your claim for damages, and EUR 20.

These limitations on our liability to you will apply regardless of the legal theory upon which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes

a. Binding Arbitration: In the event of any dispute, claim or controversy arising out of or relating to statutory or common law claims, breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy arising out of or relating to these Terms of Use, but specifically excluding any dispute primarily related to either party’s intellectual property (such dispute shall be resolved by litigation before the court in Rodez, France), shall be determined by arbitration in Tallinn, Estonia before a single arbitrator.

b. Service of Process: Each party irrevocably and unconditionally consents to service of process by personal service at its registered office, registered address, or principal address (for individuals or sole proprietors). Nothing in these Terms of Use affects the right of any party to effect service of process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each party agrees that any dispute arising out of or relating to these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than in arbitration, each party hereby knowingly and irrevocably waives any right to a jury trial in any action, proceeding or countersuit arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Award of Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies permitted by the laws of France. In making an award, the arbitrator shall have no authority to modify the terms or provisions of this Agreement. The arbitrator shall deliver a written, reasoned decision regarding the dispute (the “Award”) to each party, who shall act promptly in accordance with the Award. Any award (including interim or final remedies) may be confirmed or enforced by any court of competent jurisdiction located in Tallinn. The arbitrator’s award shall be final and binding on the parties and shall not be subject to appeal or review.

e. Costs: Each party shall advance one-half of the arbitrators’ fees and expenses, the costs of the court reporter’s attendance at the arbitration hearing, and the costs of the arbitration center. In any arbitration arising out of or relating to these Terms of Use, the arbitrators shall award to the prevailing party the prevailing party’s reasonable attorneys’ fees and expenses, if any, in connection with the aspects of its claims or defenses on which it prevails, and any award of attorneys’ fees and costs shall be set off against each other.

f. Confidentiality: The parties will maintain the confidentiality of the arbitration proceedings, hearing and Award, except (i) to the extent that it may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a judicial request as contemplated above for interim relief, or confirmation or enforcement of an Award, (iii) our disclosure of the Award in connection with confidential settlement negotiations, or (iv) as required by applicable law. The parties, witnesses and the arbitrator will treat as confidential and will not disclose to any third party (other than witnesses or experts) any documents or other evidence produced in any arbitration under these Terms, unless required by law or such evidence was obtained from the public domain or was obtained independently of the arbitration.

g. Conflict of Rules: In the event of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 shall govern. If any provision of these Terms of Use is held to be invalid or unenforceable, it shall be held to the minimum extent required by law, and all other provisions shall remain valid and enforceable.

12. Applicable law

By using the myBatana store, you agree that the laws of France, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and myBatana.

13. Modification and Severability

We have the right to change or add to the terms of these Terms of Use at any time, with prospective effect only, and to modify, delete, discontinue, or impose any terms of use on the myBatana store by posting such changes on our website or any other website that we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can tell when these Terms of Use were last modified by checking the “Last Updated” date at the top of the page.