Terms of service

OVERVIEW

Welcome to the Zenit Performance Nutrition online store! The terms “we”, “us” and “our” refer to Zenit, prodaja športnih prehranskih dopolnil, Marija Kunej s.p., which operates this store and website, including all related information, content, features, tools, products and services provided to you, the customer, as a carefully designed shopping experience (the “Services”). Zenit Performance Nutrition uses Shopify, which enables us to provide these Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you may not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or province of residence and that you have given your consent to allow any of your minor dependents to use the Services on devices you own, have purchased or manage.

To use the Services, including accessing or browsing our online store or purchasing any of our products or services, you may be required to provide certain information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our store is accurate, current and complete and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online store. However, please note that colours and the appearance of products may differ from what you see on your screen due to the device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match exactly how they are displayed or represented in our online store.

We may, at our sole discretion, modify any product descriptions at any time without prior notice. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, in any geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. We reserve the right, in our sole discretion, to accept or reject your order for any reason. Your order is not accepted until we confirm its acceptance. Before we accept your order, your payment must be received and processed. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel your order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Purchases may be returned or exchanged only in accordance with our Return Policy.

You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price of a product or service will be the price in effect at the time you place your order and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties or import charges.
Prices listed in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are governed by separate terms and conditions. In case of any conflict between a promotion’s terms and these Terms, the promotion’s terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other details, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) any credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for purchases; (iii) charges incurred by you will be honoured by your credit card issuer; and (iv) you will pay all charges incurred at the posted prices, including any applicable shipping, handling and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events beyond our control. Once the products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including all trademarks (registered or unregistered), text, displays, images, graphics, product reviews, videos, audio clips and other content, as well as their design, selection and arrangement, are owned by Zenit, prodaja športnih prehranskih dopolnil, Marija Kunej s.p., its affiliates or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms shall be construed as granting any license or right under any patent, trademark, copyright or other intellectual property of our company, Shopify or any third party.

Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved.

The names, logos, product and service names, designs and slogans of our company are trademarks of our company or its affiliates or licensors. You must not use such trademarks without our prior written permission. The name, logos, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, we may provide you with access to tools offered by third parties, which we do not monitor, control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools made available through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features or services (including new tools and resources) through the Services. Such new features and services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or resources provided, operated or controlled by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, or to any purchases or use of products, services, resources or content from third parties. Please carefully review the policies and practices of any third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

We use Shopify to enable us to provide the Services. However, all sales and purchases made in our store are transactions directly between you and our company. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and our company, including any injury, damage or loss arising from products or services purchased. You expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchases and transactions with our company.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve its platform. Information you provide through the Services will be transferred to and shared with Shopify and third parties, which may be located in countries other than your country of residence, so that we can provide the Services to you. For more details on how we, Shopify and our partners use your personal data, please refer to our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial use. We may, for example, use these rights to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and enforce our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be obligated to (1) maintain the confidentiality of any Feedback; (2) compensate you for any Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You agree not to access or use the Services (directly or indirectly): (a) for any unlawful or malicious purpose; (b) to violate any applicable international, national, regional or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to send or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm our company, Shopify or users of the Services or expose them to liability.

In addition, you agree that you will not: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, without prior notice and at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

Upon termination, the following sections shall continue in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented in or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services or anyone who may be informed of their contents.

Unless we expressly state otherwise, the Services and all products made available through the Services are provided “as is” and “as available” for your use, without any express or implied warranties or conditions of any kind, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall our company, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or Shopify, its affiliates and their respective directors, officers, employees, agents, contractors, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, without limitation, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted or otherwise made available via the Services, even if advised of their possibility.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities, claims or demands, including reasonable legal fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim; our failure to provide timely notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the selection of counsel, provided that we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You agree to cooperate with us in the defence of indemnifiable claims, including providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent; any attempted assignment shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations hereunder without your consent or notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the jurisdiction in which we are established, and you and we submit to the jurisdiction of the competent courts of that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@zenitperformancenutrition.com.

Our contact details are:

Zenit, prodaja športnih prehranskih dopolnil, Marija Kunej s.p.
info@zenitperformancenutrition.com

Planinska cesta 60, 8290 Sevnica, Slovenia
Company registration number: 9822925000
Tax number: 29796016