GENERAL TERMS AND CONDITIONS

 

The following document outlines the terms of use of our Website, terms of sale of our Products and our privacy policy. By using our Website and/or purchasing our Products through our Website, you accept and undertake to be legally bound by these General Terms and Conditions (“Terms”). If you do not accept these Terms, do not access our Website and/or purchase our Products. You must be at least 18 years old to purchase our Products and/or our Website.

 

“You” or “User” refers to the person, company, or organization that access our Website and purchase our Products and “Coney”, “We, “Us” or “Our” refers to Coney MULTIMEDIA, Boštjan Čuvan s.p. All references to the “Website” shall include the following website: http://smartconey.com/ and all URL’s operated by us.

 

Your use/access of our Website and/or your purchase of our Product is subject to the terms and conditions set forth in these Terms. By accessing and/or using our Website and/or purchasing our Product you agree to be bound by the terms of these Terms. IF YOU DO NOT ACCEPT THE TERMS OF THESE TERMS, DO NOT ACCESS OUR WEBSITE AND DO NOT PURCHASE OUR PRODUCTS.

 

We reserve the right to change these Terms at any time without any notice to you. Your continued purchase of our Products and/or our Website constitutes your acceptance of the latest Terms.

 

 

1. PRODUCTS

 

Through our Website, we provide the following Product to our customers: smart cones “Coney” – a technology-based sports training equipment, which consists of (i) a smart cone and (ii) our mobile app (hereinafter referred to as: “Product”). Separately, (iii) a charger and (iv) a four-way battery charger splitter are available at an additional price.

 

Each smart cone is an electronic device with a built-in light, which shall turn on following user’s command after connecting it to our mobile app and after selecting the training program within our mobile app according to the selected training program. A built-in light shall then automatically turn off when the movement above the cone is detected by a built-in sensor. This shall continue according to the selected training program within the mobile app until the selected program ends.     

 

Additional Products, materials, colours and dimensions may be added to our Website, based on our sole discretion, whereas the ones stated on the Website are the ones we currently offer to our customers. The Product can only be fully operational in accordance with its purpose by utilizing all of its components and you acknowledge that it is your obligation to read our materials and fully understand them before your purchase of the Product. 

 

 

2. PRICES

 

Prices are displayed next to each individual Product. All prices include VAT. However, if you are shopping from outside the EU, VAT will be deducted from your order at checkout. We reserve the right to change the prices to our Products, based on our sole discretion, whereas the price displayed next to the chosen Product at the time of your purchase shall be the price relevant for your purchase.

 

If not otherwise provided by us, you need to place the pre-order through our Website and in order to successfully complete the pre-order you will be required to make the full payment with one of the following Payment Options: money deposit (which you can make directly at the provided bank account of Coney Multimedia) or PayPal (please note that price may vary depending on your payment option). Please note that once you choose a Payment Method that best suits you, you will be redirected to a third party payment provider site. Please note that that site is governed by such third-party payment provider and by their terms of use and is not in our control, therefore please read their terms of use cheerfully and only use such payment provider if you agree with their terms of service. Any problems that might arise from a chosen payment method must be resolved directly with them and not with us, as we have no control over their site. If you are ordering for the first time by credit card, we reserve the right to ask for more information.

 

If you are having trouble placing an order, please let us know at: coneysmartcones@gmail.com.

 

 

2. SHIPMENTS

 

Before you conclude the pre-order we shall on case-by-case basis provide you with the information regarding the production of the Product, delivery and the time by which we shall strive to deliver the Product, if that information is not already apparent from the Website or the context. Following the receipt of your pre-order, you will be notified of the status of your pre-order via email. We ship to EU countries and may in our sole discretion add other countries announced on our Website and/or communicated with you individually.

 

All of our shipments require a signature upon receipt. Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Additional freight, delivery or postal charges may also be payable. You are solely responsible for paying all the shipping fees connected with the Product. If it is impossible or unreasonable to deliver the shipment, Coney has the right to withdraw from the contract.

 

 

3. RETURN POLICY

 

If you are for whatever reason you are not happy with the Product you ordered, you have the right to withdraw from the contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product.

 

To exercise the right of withdrawal, you must inform us on the following address: Coney MULTIMEDIA, Boštjan Čuvan s.p., Partizanska 17b, 3310 Žalec, Slovenia, or on our email: coneysmartcones@gmail.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

You shall send back the goods or hand them over to us at: Coney MULTIMEDIA, Boštjan Čuvan s.p., Partizanska 17b, 3310 Žalec, Slovenia without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. To be eligible for a return, your item must be absolutely unused and in the same condition that you received it. It must also be in the original packaging.

 

The above provisions do not apply for you if you are not a natural person who is acting for purposes which are outside his trade, business, craft or profession.

 

PLEASE NOTE: At our sole discretion, Coney has the right:

  • to reject returns outside the applicable return period, and/or
  • to reject Products which are returned that have been used and are not in their original condition (including all original Product packaging).
  • to refuse a return for refund or to deduct up to 50% of the cost based on the condition of the goods if reasonable care has not been taken when returning the Product. Product Returns that do not meet our Return criteria will be at the Buyer’s Disposal.

 

Any return or exchange must be first advised via email, addressed to us at coneysmartcones@gmail.com. Please be sure to include your Order Reference and all of your contact details in all correspondence (if applicable).

4. STATUTORY WARRANTY

The statutory warranty covers any defects presumed to have existed at the time of delivery and which become apparent within a period of two years beginning when the Product is delivered. During that time, we shall remedy defective Product subject to the statutory warranty at no cost to you if the defect existed at the time of delivery. Please report such defects immediately, but no later than in 2 months after you notice the defect, or you may not be entitled to any remedy to Coney. If you do notice such defects, contact us by sending an email to coneysmartcones@gmail.com, and you shall receive further information. Once we assess and confirm your statement, you may be initially entitled to claim rectification. If this fails, you may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits. This provision will not apply for you if you are not a natural person who is acting for purposes which are outside his trade, business, craft or profession.

 

 

5. ACCESSIBILITY AND AVAILABILITY OF THE WEBSITE

We will endeavor to provide the Website using all reasonable care and will use reasonable efforts to make the Website available to you at all times. However, you acknowledge that the Website is provided over the internet and so the quality and availability of the Website may be affected by factors that are outside our reasonable control such as technical faults in your network and/or telecommunication providers’ network/service. We not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

 

6.  INTELLECTUAL PROPERTY RIGHTS

 

Coney reserves all rights, titles and interest to the Products, Website and Coney Intellectual Property, whether registered or not, except of the copyright of third parties’ technologies.  For the purposes of this Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, under the laws of any state, country, territory or other jurisdiction.

 

Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right to You, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Products, Website and Coney Intellectual Property may be used only as provided in these Terms.

 

 

7. FEEDBACK

 

In connection with your use of our Website and Products you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding our Products/Website). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials You provide to us, regarding our Products and Website whether by email, posting through our Website or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extent permitted by law) and we will be entitled to such Feedback for any purpose (including commercial use), without acknowledgment or compensation to you. And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.

 

8. THIRD PARTY WEBSITES

 

Our Website may include links to third party websites (“Third Party Sites”). If you use any links made available through our Website to reach other websites not maintained by Coney you will leave our Website. The linked sites are not under the control of Coney and Coney is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site. 

 

Coney shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. Coney provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Coney of the linked website, nor does it imply that the linked website recommends, approves of, or endorses Coney.

 

9. CHANGES TO THESE TERMS

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your sole responsibility to review these Terms periodically. If at any time You find these Terms unacceptable or if you do not agree to these Terms, please do not use our Services. You will be deemed to have accepted such changes by continuing to use our Website or purchasing our Products.

 

10. WARRANTY DISCLAIMER

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE AND WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES REGARDING OUR PRODUCT AND WEBSITE, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

 

CONEY DOES NOT WARRANT THAT THE PRODUCTS/WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED IN REASONABLE TIME. WE DO NOT WARRANT SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE PRODUCT. YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCT/WEBSITE IS AT YOUR SOLE RISK.

 

11. PROHIBITED USES

 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website, its content and/or Product: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) for any conduct which is dangerous, or puts a product to an unforeseeable use or use outside the use to which the Product is intended; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to take appropriate measures in event of any of the prohibited uses, including, but not limited to, denying you access to our services and Product, terminating this agreement at any time without notice and holding you liable for any and all losses and damages of any kind directly or indirectly related to your prohibited use.

 

12. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES WILL CONEY (INCLUDING IT’S RETAILERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS) BE LIABLE TO YOU OR A THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OR INABILITY TO USE OUR WEBSITE OR PRODUCT; (B) USE OF OUR PRODUCTS (INCLUDING BUT NOT LIMITED TO PROHIBITED USES); (C) USE OF OUR WEBSITE; (D) ANY DAMAGE OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

 

IN NO EVENT SHALL CONEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN (10,00 EUR). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILITY, THEREFORE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.

 

 

 

13. INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Coney and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of Coney Products or Website, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Coney reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or graphic content of our Products.

 

 

14. NEWSLETTER

 

By providing emails on our Website, you agree and consent to receipt of our free newsletter and marketing material to the email address you will provide to us upon registration. Newsletter shall specify our special offers, our new products or services and general news of development on the Site. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by sending us an email to the following email address: coneysmartcones@gmail.com.

 

 

15. PRIVACY POLICY

Coney is committed to protect your privacy and your personal information. We shall protect your personal information in accordance with applicable regulation and we shall not share your personal data with any third parties without your prior consent. We will only use your personal data as described herein. We have implemented technical and organizational procedures for protection of personal data. However, you acknowledge that our Products and our Website are provided over the internet and so the quality and availability of the Products and our Website may be affected by factors that are outside our reasonable control such as technical faults in your network and/or telecommunication providers’ network/service, therefore we may not exclude the possibility of data breach.

We collect and process the following information about you:


•Personal information you provide us with when you register on our Website or in our mobile app, order or use our Products, subscribe to our Newsletter, post Feedback, contact us, or if you report a problem with the Services. Such information may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph or any other information from which you may be personally identified (“Personal Information”).

• Non-Personal Information we automatically collect when you visit the Website or use the Product, such as technical information detailing your visits to the Website including but not limited to traffic data, location data and other communication data, and when you use the Product, including but not limited to your training history and your results.

• Information we receive from other sources, for example if you use any of the other websites we operate or the other services we provide. We also work closely with third parties and may receive information about you from them, which we may combine with information you give to us and information we collect about you.

 

We use the information collected and held about you primarily to provide you our Products that you have chosen through our Website, to process your order, for administration purposes, run promotional activities, keep the Website safe and secure. We store and use the information collected through your use of the Product to provide you with statistical information about your activities and to offer you the statistical data and analysis of your historical use of Product. We disclaim all liability regarding the accuracy of information’s provided from the users.

We may share your personal information with a Third Party Payment Providers, in order to process the Payments and if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others. Otherwise we will both share your personal information with any third parties, without your prior approval.

By using our Product and/or registering on our Mobile App you hereby agree to the collection and use of your data as described herein. To request access and/or deletion to your personal information, or if you are concerned that any of the information we hold on you is incorrect, please email us at: coneysmartcones@gmail.com.

 

16. COOKIE POLICY

 

Our Website uses cookies to distinguish you from other users of our Website. Cookies are text files containing small amounts of information which are downloaded to your device when you visit our website. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They include safe identification code, which we use to connect your personal data with you, whenever you return to our Website. Cookies help us to provide you with a better user experience when you browse as they enable your easier registration and the use of our Website and also allows us to improve our Website. If your browser is set in the way that it does not accept cookies, you will not be able to use some of the functions or services on our Website. 

 

By continuing to browse the Website, you are agreeing to our use of cookies.

 

 

17. TERMINATION AND SUSPENSION OF THE SERVICES

 

We reserve the right to terminate and/or suspend your access to our Website, without giving you prior written notice and delete all related information and files related to your use of our Website, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.

 

 

18. GENERAL PROVISIONS

 

18.1. Entire Agreement

These Terms together with Privacy Policy provisions contain the entire Agreement,  and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Coney for the Services. In the event of any conflict between these Terms and any other agreement you may have with Coney, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

 

 

18.2. No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

18.3. Force Majeure

We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

18.4. Severability

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

 

18.5. Assignment

We may transfer, assign or delegate the Terms and its rights and obligations without consent. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Coney.

 

18.6. Governing Law

The Terms shall be governed by and construed in accordance with the laws of Republic of Slovenia, and the parties submit to the exclusive jurisdiction of competent court of Ljubljana, Slovenia. Any complaints may be submitted through the email: coneysmartcones@gmail.com. The procedure regarding any complaints is confidential.

 

18.7. Contact

If You need to contact us in relations to these Terms, please email us to: coneysmartcones@gmail.com.

 

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 CONEY THE RIGHTS SET FORTH HEREIN.

 

 

 

©Coney (March 2018)