Terms & Conditions

Preamble

Company REDEYE’S CORP SRL, CUI 45829352, Contacts Tel: +40758468648, headquarters Romania, Street Gârlei, Borca, village Soci, County Neamt, Nr. 33, Postal Code 617082 draft the terms and conditions for using the platform hootempire.com.

We undertake to comply with the provisions in force regarding, but not limited to: consumer protection with related legislation in Romania (OG. No. 34 of June 4, 2014, regarding consumer rights in contracts concluded with professionals, as well as for the amendment and completion of some normative acts, Law 363/2007 etc.), compliance with personal data (G.D.P.R. Regulation 679/2016 EU), tax and commercial legislation, Law no. 365 of June 7, 2002, regarding electronic commerce, as well as any other aspects related to the object of activity.

The company does not perform payment services as established by Romanian Law no. 219/2019 regarding payment services and for the modification of some normative acts and the Directive PSD.

The Terms and Conditions of Use will be applicable to the relations between the Company and the Clients – Users.

Preliminary definition of some terms.

In this document entitled Terms and Conditions for the use of the hootempire.com platform, we specify the meaning of some terms so that the condition of accessibility and predictability is met. However, for any ambiguities do not hesitate to contact us at the contact details specified herein.

Platform, with the name "hootempire" - the virtual platform owned and managed exclusively by the Platform Administrators, which can be accessed at the address www.hootempire.com;

The owner of the intellectual property right on the platform is the Company – SC REDEYE’S CORP SRL

The company – the owner of the platform and website SC REDEYE’S CORP SRL as identified in the introductory part.

Proof of purchase - the document issued and delivered to the Customers, by the Platform, as a result of the Order Confirmation, either directly or via the electronic system, depending on the option. Acceptance - full and unconditional acceptance of the agreement by the User by taking actions to accept its provisions using the site service

Customer - any company or person, who by using hootempire.com purchases the services offered through the virtual platform.

User - any company or person who uses hootempire.com without purchasing the services offered through the virtual platform, a person who has access to the Site via the Internet. The user can be a fully capable natural person.

User’s information, Customers as well as data about their purchases on the platform will be governed in accordance with the Privacy Policy (link). The user can request the deactivation of the account, the request being honored within 7 days at most. He can also use all the rights conferred by the General Regulation Regarding the Protection of Personal Data and which are legibly displayed on the website.

Order - the User's request to receive the Goods/Services, executed in accordance with the requirements of the Site.

Order confirmation - the document issued by the Platform Administrator which certifies that the Customer has made the payment representing the value of the product and the right to remit these documents by the methods requested by the Customer.

1. The services and products offered.

1.2. The company acts as a commercial agent as defined by the PSD 2 Directive or Law 219/2019, without managing displayed IT services. We are only responsible for our offering service to the extent set forth in these Terms and Conditions. By using our Service (even if it is just browsing), you acknowledge that you have read and understand that your use is subject to these Terms and Conditions and our Privacy Policy.

1.3. In summary, the Company aims to facilitate, through an IT application, the purchase by Customers (users/customers) of IT services/goods offered by Vendors as they are displayed on the website.

1.4. According to the proposed project, the user/client (payer) makes the related payment to the company's account; the user's payment obligation is extinguished at the time of making the payment to the company, for the payer, the company being the beneficiary of the payment.

1.5. The platform offers the following products and services:

To purchase the products/services: - The customer who does not have a user account will be obliged to provide, at Check out, an email address and a password to later create a user account where the products will be saved and the customer will be able to view them later. - The customer who has a user account will go directly to the payment part of the products, the data of the respective account of the customer being used, the products being saved in his account. - The customer can choose to order using only the email address, without creating a subsequent account, he's consenting to the fact that his products/services will be sent only once to the email address provided by him. We recommend carefully communicating the email address because if the email address is wrong, there is a risk that his products will be lost or sent to another person, in whom case there is a risk that they cannot be recovered, an aspect that does not may be attributable to the Company.

1.6. The Administration of the Site on a reimbursable basis provides the User with the opportunity to use the services of the site to purchase Goods for personal interests.

1.7. The Site contains Products that are intended for persons over 18 years of age. By purchasing such Goods, the User unconditionally confirms that he is already 18 years old, and takes full responsibility for this purchase1.7. The Site contains Products that are intended for persons over 18 years of age. By purchasing such Goods, the User unconditionally confirms that he is already 18 years old, and takes full responsibility for this purchase

II. Payment methods.

2.1. The price is displayed next to each product/service containing sufficient information you can use before purchase. The currency is displayed next to the purchase value and can be any currency with international circulation. The Company has the opportunity to offer discounts or any other bonuses, these being transparently displayed on the site.

2.2. The Company acts as a commercial agent as defined by the PSD 2 Directive or Law 219/2019, without managing IT services as displayed. We are only responsible for our subscription service to the extent set forth in these Terms and Conditions. By using our Service (even if it is just browsing), you acknowledge that you have read and understand that your use is subject to these Terms and Conditions and our Privacy Policy.

2.3. By making available the possibility to pay through the application we act as a commercial agent for IT service providers. We specify that we have been authorized to act as a limited commercial agent only for the purpose of collecting, on behalf of the operator, the Tariffs or other charges paid by the customer through the chosen payment method. Any payment obligation paid by the Customer through the application payment method will be considered fulfilled starting from the date of payment. From this moment the user's obligations cease.

2.4. The displayed price is established and displayed transparently by the Company and includes VAT, according to the legislation in force. This price is displayed through the platform.

2.5. The price is valid for an indefinite period. Cash payment is not accepted.

2.6. Excluding the displayed price, the Company does not charge any other fees to the purchasing Customers. In the case of payment by card, the Customer has the obligation to inform himself and assume the commissions specific to the transaction. This information will be provided to the bank holding the bank account, issuing the card. The undersigned does not assume any commissions and does not earn income from these commissions. However, where we may charge you fees over and above the price of the service/product, we will highlight these during the process so that you are aware of these matters. Some commissions come directly from the Vendors, so we have to charge them to you.

2.7. To increase the security of the platform, the Company does not store bank card information.

2.8. The purchase of the product/service occurs at the moment of the first confirmation by the User/Client. For the price to be considered paid, its price must be paid in full, partial payments not being accepted. The invoice issued, or any other supporting document, will be sent to the User's/Client's email, following payment and payment confirmation, including by the banking unit.

2.9. Purchases of goods or services will be made through payment methods provided by an authorized payment processor, which takes care of the security of customer data. It will be transparently indicated at the time of payment so that each user can choose the desired payment method.

2.10. The Company reserves the right to change the prices at any time with prior notice to the Users/Clients who will be before the changes are initiated, then they will be charged according to the new prices. Also, the new prices will be displayed on the website next to each product/service.

2.11. The goods are paid for before they are transferred to the User in full. Settlements by the Parties take place in a non-cash form using the software and hardware of the Site through payment systems.

2.12. When making a payment, a commission of a certain payment system (bank, payment aggregator, etc.) may be provided. This commission is paid by the User.

3. Procedure for ordering

3.1. In order to purchase the Goods/Services chosen by the User, the User is obliged to use the methods offered on the Site.

3.2. Delivery of the Goods/Services is carried out automatically, immediately after receipt of payment, except some cases when there is a technical failure in the operation of payment aggregators and / or the Internet, as well as other force majeure circumstances. In these cases, the Order is sent for manual processing by the Site Administration and will be issued to the User as soon as possible, as soon as the technical possibilities for this appear.

3.3. Before ordering the Goods/Services, the User is obliged to familiarize himself with the terms of delivery, payment, the characteristics, by clicking on the active links on the Site.

3.4. When placing an Order, the User must agree to this Agreement by ticking the appropriate box in the order form, and indicate his email address to which the Goods will be delivered.

4. Cancellation of orders, refund of payments and possible complaints.

4.1. The exercise of these rights will be done in accordance with the legislation in force, with the provisions of O.U.G. no. no. 34 of June 4, 2014, regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts.

4.2. Under no circumstances the platform cannot be held liable for the cancellation, refund, rescheduling or compensation of any kind due to the Client/User's attitude.

4.3. The Company undertake to respect all the rights of the Customers, and by using the platform they agree that they know, respect and fulfill all the obligations established by the legislation in force regarding the cancellation, refund of payments and the resolution of disputes.

4.4. The User has the right to refuse the order of the Goods until the moment of its payment.

4.5. Refusal of the Goods after payment is impossible, since the license keys have individually defined characteristics and cannot be used after their activation by third parties.

4.6. If the return of funds is carried out due to the inability of the Site Administration to fulfill its obligations, then the funds are sent to the User's bank card, or in another way available to the Site Administration, as determined by agreement of the Parties

4.7. In case of return of the Goods by the User, only the amount of money paid for the Goods is returned. From this amount, expenses associated with commissions of third parties (payment aggregators, agents, banks, intermediaries, etc.) for the transfer and (or) return of funds can be deducted.

4.8. The User agrees that the return of funds can be carried out by third parties acting on behalf of the Site Administration, while the User is obliged to accept the performance offered by such a third party.

4.9. The return of the funds can be requested within 7 days from the purchase. Any requests past this date will be ignored.

5. Responsibilities of User/Client.

5.1. The account created on the platform belongs to a single User, uninominal. If a password is entered when creating the account, we recommend that it be kept secret and be made up of characters that ensure increased security.

5.2. The Client/User is responsible for the actions taken on their account.

5.3. As we try to maintain high standards of service quality and a fruitful collaboration so that all parties involved are satisfied, in case of any complaints/suggestions/irregularities observed on the platform, Users/Customers are requested to inform us by using the contact section.

5.4. Users must fill in real and correct data about themselves, if requested. We are committed to respecting your privacy detailed in the chapter dedicated to GDPR regulations and the Privacy Policy

5.5. Persons under the age of 18 or whose account has been permanently deactivated or suspended may not use the platform.

6. Obligations and responsibilities assumed by the platform

6.1. The platform is accessible 24/7 as long as functionality is not affected by causes beyond the Company's control, such as external, unforeseeable events.

6.2. The company does not undertake and disclaims any legal liability derived from the activities that constitute the specific business object of the Others or advertising/commercial Partners.

6.3. We undertake the obligation of means in remedying any irregularities found on the platform as soon as possible.

6.4. The User/client is prohibited from using the Digital Platform to upload, save, transfer or distribute material that is illegal, poses a risk to minors, denigrates others and/or is insulting or otherwise unlawful. This includes the illegal distribution of content that violates data protection law, intellectual property law, industrial patent law, ancillary copyright laws, personality rights and/or other third party rights.

6.5. The User/Client of the Digital Platform is solely responsible for the content transmitted by him, as well as for the use of the Digital Platform. The User/Client shall be responsible for the content to the Company, which has been provided or made available by a third party or another User and which has been transmitted through its registration.

6.6. The Company maintains the right, but without any obligation, to review the content of Users activity for compliance with the permitted uses set forth in these T&Cs. In the event of infringement or potential infringement, the Company is authorized to block, modify or delete User Content. In addition, the Company is authorized to block in whole or in part the User Account of such User with immediate effect and / or to terminate the contract concluded with the User under these T&C. The exercise of other rights from the Company remains unaffected.

6.7. Site Users consent to the Company sharing information with third parties regarding customer data and various website statistics. E.g.: The email address, the name on the website of the user, the chosen payment method and other statistics calculated by the website regarding the Vendor's customers. The legitimate purpose of this processing is given by the possibility of providing the service, and personal data will be processed in accordance with the G.D.P.R. and Privacy Policy on the site.

7. Exclusions

7.1. The Company is not responsible, but not exhaustively, for: - The technical, IT details regarding the IT products/services offered by the any other Vendors as well as the information or guarantees offered. For better accuracy of the data provided, Users/Customers are advised to contact the Vendors. The undersigned presents the User/Client with the details obtained in real time from the Vendors as they will be written on the platform/site; - The actions, the behavior of the employees of the Vendors companies; - Safety of products/services. Also, an extremely important aspect that is taken into account by Users/Customers is that the subscriber is not responsible for the safety of the product/service, and in case of problems or any other incident, he will have to go against the Vendor. - Cancellation or change of information for any reason, even after purchasing the product/service. In this sense, the user/client will not be able to claim additional damages from the Company. - No aspect related to the execution of the contract by the Vendor.

7.2. The Company is not responsible for the actions of any third party relied upon in the performance of the contract. Also, in case of subcontracting by the Vendor, the latter will assume responsibility.

8. Problems that may arise regarding the use of the Customer/User Account.

8.1. The Company may permanently disable or suspend the account of a User/Client at any time and immediately, if he has not complied with the accepted Terms and Conditions or in the event of any irregularities committed by him, as well as any fraudulent operation.

8.2. In this case, the reason for the suspension/deactivation will be brought to the attention of the User/Client through an e-mail. In the event of a cyber-attack, this aspect will also be brought to his attention, on which occasion the provisions of G.D.P.R. will be applicable.

9. Intellectual Property and Copyright

9.1. Users, Customers, Partners and Advertising Partners know and expressly accept that all information published and available on the platform is subject to copyright legislation. Consequently, the use of information published and available on the platform is limited to obtaining the prior consent of the copyright holders.

9.2. The content, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of the Company to which all rights obtained herein are reserved. meaning directly or indirectly (through licenses for use and/or publication).

9.3. The Customer/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by the Company, include any Content in outside the Site, removing the signs signifying the copyright of Company on the Content as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Company.

9.4. Any Content to which the Client/User has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between Company and it, and without any implied warranty or expressly formulated by the Company with reference to that Content.

9.5. No content transmitted to the Client, User through any means of communication (electronic, telephone, etc.) or acquired by him/her by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of Company and/or the employee/employee who mediated the transfer of Content, if it exists, against that content.

9.6. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying user agreement, if any, is prohibited. Any disregard of this chapter will attract liability according to Romanian Law no. 8/1996 on copyright and related rights and Law no. 84 of April 15, 1998, regarding trademarks and geographical indications and any EU law.

10. Changes that may occur to the terms and conditions set out.

10.1. The Company reserves the right to modify the terms and conditions of this document at any time. Changes will be announced by email to the address provided by Users/Customers in a timely manner.

10.2. Until the changes/modifications are fixed, and we have your express acceptance of the new terms, you will not be able to use the features of the site. It is considered your acceptance and the ticking of a possible box that expressly informs you that changes have occurred and refers to the changes that have occurred so that you become aware of them.

10.3. Users/Customers who made purchases from the platform prior to the change in terms and conditions, the old supporting document will remain valid, being governed by the terms and conditions in force at the time of purchase.

11. Major force

11.1. Company is not responsible for non-execution of its contractual obligations, if such non-execution on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided

11.2. If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim other damages to the other. First, the parties will try to renegotiate the contract, and the User/Client will also accept a possible rescheduling of the order.

12. Applicable laws and competent courts

12.1. Disputes between the Company and the Clients/Users or any dispute in which the Company is a party will be resolved amicably or, if this is not possible, will be resolved by the competent Romanian courts where the Company has its headquarters according to Romanian law.

12.2. The parties establish by mutual agreement pursuant to art. 126 Romanian Procedure Civil Code establishment of this attributive clause of territorial jurisdiction in favor of the courts where the Company has its headquarters, regardless of territorial jurisdiction.

13. Dispute resolutions, refunds and additional guaranties

13.1. Any notification will be made through our message system on the website or email.

13.2. In order to give you a refund, we need clear evidence that the Good/Service did not perform properly or as described in the specifications.

13.3. Please note that (games and digital products can be activated only once.

13.4. In order to prevent the situation of those who will activate the games and then make a request for a refund on the grounds that the product does not work, although it was activated, we will ask you for additional evidence regarding the irregularities. In such cases, in order to obtain a refund, Users/Customers must have real proof that the irregularity existed.

13.5. Requests for refunds or product replacement can only be made if the Customer presents a clear proof which must be a video that shows exactly the entire process of the customer on the website, from the point where he bought the product until he activated the respective product. This way we can observe how the product was used immediately after purchase, from the moment of receiving the product until the activation attempt.

13.6. Requests for the return or replacement of the product can also be made in the presence of an additional fee paid through the website, which has the role of providing an assurance that any product in the customer's basket is insured by the Company, and it will pay for the replacement of the product or its return.

13.7. Requests for refunds can be made only within 7 days from the purchase. Any requests past this date will not be taken in consideration.

14. Other Business

14.1. Parties other than Company operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

15. Our Liability

15.1. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to our platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

15.2. The Company will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Company Services.

15.3. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control, but only from the Seller.

15.4. We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to order previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

By using the platform/site, the Client/User agrees that he has read and understood what is specified in this act, that he has also analyzed the terms and conditions imposed by the Vendors and that he understands participating in the legal report under these conditions.

Contact Information hello@dumy.dev