These terms and conditions (“Terms”, “Agreement”) are an agreement between RECO, spol. s.r.o. (“RECO, spol. s.r.o.”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the xlifter.com website and any of its products or services (collectively, “Website” or “Services”).
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Refund policy
We do not provide refunds after the product is shipped, which you acknowledge prior to purchasing any product on the Website. Please make sure that you’ve carefully read product description before making a purchase.
Warranty
This Limited Warranty applies to physical goods, and only for physical goods, purchased from us (the “Physical Goods”).
What does this limited warranty cover?
This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period.
During the Warranty Period, we will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance.
What will we do to correct problems?
We will either repair the Product at no charge, using new or refurbished replacement parts.
How long does the coverage last?
The Warranty Period for Physical Goods purchased from My Company (change this) is 360 days from the date of purchase.
A replacement Physical Good or part assumes the remaining warranty of the original Physical Good or 360 days from the date of replacement or repair, whichever is longer.
What does this limited warranty not cover?
This Limited Warranty does not cover any problem that is caused by conditions, malfunctions or damage not resulting from defects in material or workmanship.
What do you have to do?
To obtain warranty service, you must first contact us to determine the problem and the most appropriate solution for you.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (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) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by RECO, spol. s.r.o. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with RECO, spol. s.r.o. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of RECO, spol. s.r.o. or RECO, spol. s.r.o. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any RECO, spol. s.r.o. or third-party trademarks.
Disclaimer of warranty I
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Disclaimer of warranty II
You may use the xlifter.com site to purchase the air-suspension controller for Land Rover vehicles – product named XLifter (hereinafter as the „device” or „XLifter“).
XLifter is an additional device able to change the air-suspension adjustment and able to change other parts of your car set-up by the car´s manufacturer. XLifter is not a device approved and designed for installation into vehicles intended to be operated on public roads namely pursuant to Act. no. 361/2000 Coll, as amended. We does not assume any liability deriving from technical requirements for operation of vehicles on public roads in case you decide to use this product in traffic on public roads or anywhere else, where operation of this device may be considered as unauthorized, whether in the Czech Republic or in any other jurisdiction. The end-user assumes all liability connected to use of the device on public roads, derived namely from the mandatory technical requirements for operation of vehicles on public roads provided by Act. No. 56/2001 Coll and regulation no. 341/2014 Coll.
By installation of the device the end-user discharges the manufacturer from any liability connected to any influence or damage (whether financial or immaterial) of the provided product on other systems, parts or components of the vehicle (whether mechanical or electronical). By installation of this product the end-user also acknowledges that this product is meant to be used in controlled conditions, namely at low speeds and with increased caution. The end-user undertakes to inform about installation of the device any prospective future owner of the respective vehicle equipped with the device.
By the purchase or installation of the device you acknowledge the above-mentioned and agree with the above-mentioned terms. Please use the XLifter only in off-road conditions and not on public roads.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will RECO, spol. s.r.o., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if RECO, spol. s.r.o. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of RECO, spol. s.r.o. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to RECO, spol. s.r.o. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold RECO, spol. s.r.o. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Prague, Czech Republic without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Czech Republic. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Prague, Czech Republic, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Contacting us
If you have any questions about this Agreement, please contact us at email info@xlifter.com
This document was last updated on December 4, 2018