Terms of Use
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Ecomotion ("we", "our", or "us") regarding your access to and use of our website ecomotion.world ("Website") and any related services.
By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Website.
If you are a consumer (Verbraucher) within the meaning of Austrian and EU law, mandatory statutory rights under applicable consumer protection law (including but not limited to the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG), the Austrian Fernabsatz- und Ausweisgesetz (FAG), and the EU Consumer Rights Directive) shall take precedence over any conflicting provisions of these Terms.
2. Company Information
Ecomotion
Zur Werft 13
4802 Ebensee
Austria
Email: managers@ecomotion.world
3. Eligibility
You must be at least 18 years old to use our Website and purchase our products. By using our Website, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into a binding agreement
- You will comply with these Terms and all applicable laws
- You are not prohibited from using our services under any applicable law
4. Products and Services
4.1 Product Information
We make every effort to display our products accurately on the Website. However, we cannot guarantee that the colors, dimensions, or other product details displayed on your screen will be completely accurate due to variations in device displays.
4.2 Dietary Supplement Disclaimer
Our products are dietary supplements intended to complement a balanced diet and healthy lifestyle. They are not intended to diagnose, treat, cure, or prevent any disease. Our products are not medicines and are available without a prescription.
Results may vary from person to person depending on individual characteristics. Before using any dietary supplement, consult with a healthcare professional, especially if you are pregnant, nursing, have a medical condition, or are taking medication.
4.3 Availability
Products are subject to availability. We reserve the right to discontinue any product at any time without prior notice.
5. Ordering and Payment
5.1 Placing Orders
By placing an order, you are making an offer to purchase products. All orders are subject to acceptance by us. We may refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraud.
5.2 Pricing
All prices are displayed in Euros (EUR) and include applicable VAT unless otherwise stated. We reserve the right to change prices at any time without notice, but price changes will not affect orders that have already been confirmed.
5.3 Payment
Payment is due at the time of order. We accept various payment methods as displayed during checkout. All payment information is processed securely.
6. Shipping and Delivery
Shipping terms, costs, and estimated delivery times are provided during the checkout process. Delivery times are estimates only and not guaranteed. Risk of loss and title for products pass to you upon delivery to the carrier.
For more information about shipping and delivery, please contact us.
7. Returns and Refunds
Our return and refund policies are detailed in our Refund Policy. Please review this policy before making a purchase.
8. Intellectual Property
8.1 Our Content
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Ecomotion or our licensors and is protected by copyright, trademark, and other intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes. You may not:
- Reproduce, distribute, or publicly display any content from our Website
- Modify or create derivative works based on our content
- Use any data mining, robots, or similar data gathering methods
- Remove any copyright or proprietary notices
- Use our content for commercial purposes without written permission
9. User Conduct
When using our Website, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Submit false or misleading information
- Upload viruses or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the Website
- Use the Website for any fraudulent purpose
- Harvest or collect information about other users
10. Third-Party Links
Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk.
11. Disclaimer of Warranties
Our Website and products are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties regarding the accuracy or completeness of content
- Warranties that the Website will be uninterrupted or error-free
- Warranties regarding the results of using our products
12. Limitation of Liability
To the maximum extent permitted by applicable law, Ecomotion and its officers, directors, employees, and agents shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or goodwill
- Any damages arising from your use of or inability to use our Website or products
Our total liability for any claim arising from these Terms or your use of our Website shall not exceed the amount you paid for the product giving rise to the claim.
If you are a consumer, nothing in this section shall limit or exclude our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Austrian mandatory law (e.g. ABGB, KSchG).
13. Indemnification
You agree to indemnify, defend, and hold harmless Ecomotion and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Website or violation of these Terms.
14. Privacy
Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting on the Website. We will indicate the date of the last update at the top of this page. For consumers, we will notify you of any material adverse changes where required by applicable law (e.g. Austrian FAG). Your continued use of the Website after the effective date of changes constitutes your acceptance of the revised Terms, except where mandatory consumer law requires explicit consent or a right to withdraw from the contract.
16. Termination
We may terminate or suspend your access to our Website at any time, without prior notice or liability, for any reason, including if you breach these Terms.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Austria.
If you are a consumer resident in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence.
18. Dispute Resolution
The European Commission provides an online dispute resolution platform at: https://ec.europa.eu/consumers/odr
We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Ecomotion regarding your use of the Website.
21. Contact Us
If you have any questions about these Terms, please contact us:
Ecomotion
Zur Werft 13
4802 Ebensee
Austria
Email: managers@ecomotion.world