Conditions générales de vente

CyberTechwear - Terms of Sale

Last Updated: December 24, 2024

These Terms of Sale govern your shopping experience, including purchases of CyberTechwear products, from CyberTechwear online stores. If you are purchasing CyberTechwear products outside of Estonia, your purchases are still governed by these terms, and all are subject to Estonian law. Please review these Terms carefully before ordering products online from our CyberTechwear store. By shopping or purchasing any CyberTechwear product from us, you are accepting and agreeing to be bound by these Terms of Sale. If you do not agree to these Terms, you must (a) discontinue using our online store, (b) not make a purchase, and/or (c) return any eligible purchase within the applicable return window.

You are subject to these Terms and may purchase CyberTechwear products if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.

1. Applicability

These Terms of Sale ("Terms of Sale" or "Terms") apply to your shopping, orders, purchases, and returns at the CyberTechwear online store (the “Online Store”). These Terms of Sale create a legally binding agreement between you and CyberTechwear, a company registered in Estonia, and all references to “CyberTechwear,” “we,” “us,” or “our” refer to CyberTechwear. These Terms of Sale may be revised at any time. The current Terms of Sale will be posted at our website. The Terms of Sale posted at the time you purchase products from CyberTechwear will govern that purchase. By shopping and/or purchasing at our Online Store, you acknowledge and agree to be bound by our Terms of Service and Privacy Policy, which are incorporated herein by this reference.

2. Purchasing Products

2.1. No Purchase for Resale

CyberTechwear’s Online Store and any consumer rights or policies offered are intended solely for the benefit of end consumers, and purchase of products for resale is strictly prohibited. "Purchase for resale" means the purchase of product by someone who intends to resell the product to others (consumers, businesses, or any third party). If CyberTechwear determines that a purchase or order is intended for resale, we reserve the right, in our sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any CyberTechwear policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to our Online Store, and/or suspend or close any account.

2.2. How to Purchase – Online Store

To complete your purchase at our Online Store, you must provide your full name, email address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of our Online Store, which includes adding items to your shopping cart and submitting your order.

When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.

3. Our Right to Reject Your Purchase or Cancel an Order

Sale of products and fulfillment of all orders at our Online Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline, or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

An Event Outside Our Control (as defined below).
The product you seek to purchase is not available or in stock.
Your address, billing information, or form of payment is incorrect or cannot be verified.
Your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology.
There is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose.
Your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax.
Your purchase or order exceeds product purchase limits (quantity and/or dollar amount).
Your account and/or purchase history shows an excessively high volume of returns.
There is evidence that you are not eligible to make purchases.
In the event of misspelling, pricing, or other errors or mistakes at our Online Store where you wish to order or purchase.

CyberTechwear will determine whether any of the above events have occurred in its sole discretion.

4. Title Transfer & Risk of Loss

Title and risk of loss for products purchased from CyberTechwear pass to you upon our delivery to the carrier. Title to the product(s) will not transfer until full payment has been received.

5. Indemnification and Release

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless CyberTechwear, its affiliates, officers, directors, employees, agents, licensors, and suppliers (the “CyberTechwear Parties”) from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with the CyberTechwear Online Store or with other CyberTechwear users or consumers, or any violation of these Terms of Sale, any law, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the CyberTechwear Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with our Online Store or with other CyberTechwear users or consumers, or any violation of these Terms of Sale, any law, or the rights of any third party.

6. Limitation of Liability

These terms and conditions set out the full extent of our agreement and understanding in respect of any claim arising from or related to your shopping, orders, purchases, returns, access, or use of our Online Store.

To the fullest extent permissible by applicable law, the maximum aggregate liability of either party to the other on all claims arising from or relating to this Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, shall be limited to the sum paid to CyberTechwear for the product(s) purchased in the relevant transaction.

To the fullest extent permissible by applicable law, none of the CyberTechwear Parties will be liable for any direct, special, incidental, indirect, or consequential damages, including without limitation, for any lost profits or lost data that result from your access or use of, or your inability to access or use, our Online Store; or for the performance of the products purchased at our Online Store; or for the conduct of users or consumers (whether online or offline); or for any user content or any other activity in connection with your shopping, orders, purchases, or use of our Online Store, even if CyberTechwear has been advised of the possibility of such damages. You assume total responsibility for your use and access to our Online Store. Your only remedy against CyberTechwear in connection with any alleged damages arising from your use or access to our Online Store is to stop using or accessing our Online Store.

If any part of this limitation of liability is determined to be unenforceable or invalid for any reason, you agree that CyberTechwear’s liability to you for any damage or loss shall be limited to the fullest extent enforceable by applicable law.

7. Disclaimer of Warranty

CyberTechwear provides access to our Online Store “as is” and “as available,” without any representation or warranty of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement on all uses and/or purchases. To the fullest extent permissible by applicable law, all such representations and warranties are hereby expressly disclaimed. Without limiting the foregoing, (1) CyberTechwear disclaims any and all warranties, express or implied, for any product. We further disclaim any warranties express or implied as to the accuracy or completeness of each product including, without limitation, pricing, quantity, and sizing; (2) CyberTechwear does not represent or warrant that the information posted at our Online Store is accurate, complete, or current or that our Online Store will operate without interruption, without error, or without defects, bugs, viruses, or other harmful components; and (3) the foregoing disclaimer of warranty is enforceable to the fullest extent permissible by applicable law and does not apply to any product or manufacturer warranty expressly offered by CyberTechwear and/or any third-party manufacturer of merchandise.

8. Disputes

8.1. Choice of Law, Jurisdiction, Time Limit for Claims

You agree that these Terms and any dispute between you and CyberTechwear shall be governed in all respects by the laws of Estonia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the CyberTechwear Online Store (including but not limited to the purchase of CyberTechwear products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Estonia.

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the courts of Estonia. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

8.2. Right to Assign, No Waivers, Severability

CyberTechwear may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. CyberTechwear’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply. If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

9. Price/Payment

9.1. Payment Methods

We accept several payment methods at checkout at our Online Store. You can find the list of acceptable payment methods at our website. Redemption/use of CyberTechwear gift cards to purchase products is subject to the CyberTechwear Gift Card Terms and Conditions posted on our website. Please do not try to pay using any payment method not posted at our Online Store. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.

9.2. Payment Processing

With the exception of built-to-order products (e.g. pre-order products and customized products) (“CyberTechwear By You”), if you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an order. Once your order ships, we will deduct the pre-authorized amount from your account.

9.3. Prices and Currency

The product prices displayed on our website do not include sales tax. Shipping rates are applied per order. Prices are quoted and exclusively payable in the currency listed at our online store. The prices of the products will be as displayed on the CyberTechwear website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.

9.4. Your Total Price

The total price specified in the final checkout screen on our Online Store includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Online Store orders, which we recommend you print or download for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. If your local currency is not in our store currency, your bank or credit card issuer will apply an exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.

10. Shipping & Delivery – Online Store

10.1. Delivery – Where and When

We do not ship on certain public holidays. Please refer to the FAQ pages posted on our website for dates and the available delivery times and methods. We can only fulfill an order to a valid delivery address which is a home or office address in any of the countries that are listed in the checkout.

10.2. Split Delivery

We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an email to the email address you provided at the time your order was placed. You will not be charged for any additional delivery costs.

10.3. Inspection upon Delivery

Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact CyberTechwear consumer services for assistance.

11. Shipping Rates

11.1 Discounted Shipping

CyberTechwear members may receive discounted standard shipping on orders that exceed certain order thresholds (dollar amount), as determined in CyberTechwear’s sole discretion. See the FAQ pages posted on our website for order threshold amounts and their corresponding discounted delivery rates.

12. Returns & Cancellations

12.1 Cancelling Orders Before Shipment – Online Store

You may cancel any order free of charge and without giving us any reason within thirty (30) minutes from the time the order was placed. Please note that we begin processing orders placed at our Online Store almost immediately. Orders that are "Pending" or "On Hold" cannot be cancelled. If you do not cancel an order within the thirty (30) minute window, the product(s) will be delivered to you and may be returned in accordance with the return procedure set out below.

12.2 Returning Products After Purchase/Delivery

Unless otherwise stated on our website (e.g., marked as “Final Sale”), you can return your purchase in accordance with the terms of the return policy described on our website at the time of your purchase. Products purchased at our Online Store may be returned by following the return instructions listed on our site.

12.3 Returns of Defective Product

You are entitled to return products if they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified (as determined by CyberTechwear in its sole discretion), the purchase price and any shipping costs will be refunded. For instructions on how to return defective products, please visit the Returns section on our website.

12.4. Refund Information

Refunds will be issued to the original form of payment. This applies to all Online Store returns. For information on how to complete a return and for refund timelines, visit the Returns section on our website.

13. Events Outside Our Control

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these terms will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.