Terms of use
1. INTRODUCTION
Before browsing this website, making your purchases, your sales, your exchanges (swaps), your resales and the general use of its services, please carefully read these terms and conditions, as they contain binding terms and conditions for the use of the website, the submission of orders through the online platform and the conclusion of sales and exchanges (swaps) through it (hereinafter "Terms of Use").
The company called "The Hoodmen Ltd" (hereinafter "the Company"), which is located in Nicosia, Cyprus (1 Archiepiskopou Makarios III Avenue, Megaro Mitsis 3, Office 306, Nicosia 1065 Cyprus) operates the website ......[you have to enter the link of the site at its final version]............. (hereinafter "The Hoodmen") and the online services provided through it (hereinafter "the Services") and any information or data (e.g. photographs, texts, graphs, articles, videos etc.) contained therein (hereinafter referred to as "the Material"), in order to provide the users of The Hoodmen (hereinafter referred to as "the User" or "the Users") with the possibility to create an account, if they so wish, and to purchase products, sell products, exchange (swap) products and resell products through it. The Company has registration number HE434553, in accordance with the applicable legislation.
More information about the Company can be found in the "ABOUT" section (...[you have to enter the link that leads to the tab "ABOUT"].....) of The Hoodmen. The Hoodmen provides the possibility to communicate with the Company electronically through the section "CONTACT" (...[you have to enter the link that leads to the tab "CONTACT"]..................................).
1.1. Acceptance of the terms of the Website.
Visiting The Hoodmen, even as a visitor, and its use by Users, implies prior reading, understanding and acceptance of these Terms of Use in their entirety. The use of The Hoodmen is subject to these Terms of Use, as in effect at any given time, which constitute the agreement between the Company and the Users, and access to and use of the Services in any way implies the Users' unconditional acceptance thereof. Any visitor to The Hoodmen who does not accept these Terms of Use in their entirety is required to refrain from any further use, transaction or registration with The Hoodmen.
If you have any questions or queries regarding the Terms of Use and/or issues relating to the operation of our online platform and its use, you may contact us by sending an email to the following email address: info@thehoodmen.com .
1.2. Contractual relationship between the Company and Users
These terms constitute a contract of indefinite duration. During the contractual term hereof, the parties have the right to terminate this agreement at any time. Users may terminate this relationship by ceasing to use The Hoodmen and Members (as defined in article 2) may delete their account by activating the "Delete Account" button. Details of the possibilities provided in relation to deactivation and deletion are provided in Article 8 below. The Company may terminate this contract by sending a simple e-mail to the email address that Members have filled in their account details. The termination has its effects from the moment it is received by the other party and entails the deletion of the data from the Members’ account.
2. Login and registration to The Hoodmen
When you visit The Hoodmen, you are given the opportunity to use and browse The Hoodmen either as a. a visitor or b. a member.
In order to make purchases, sales, exchanges (swaps) and resales the User must become a member of The Hoodmen (hereinafter referred to as “the Member” or “the Members”).
Α. Using and browsing as a visitor
To browse The Hoodmen as a visitor, no further action is required on your part, other than acceptance of the Terms of Use and compliance with what is set forth in them.
By using and browsing The Hoodmen, you agree to the Terms of Use.
Β. Using and browsing as a Member
To become a Member, select the "Register" option. To create an account, the visitor must fill in his/her email address, username, password (of access). These data are the absolutely necessary data that are relevant, sufficient and needed for requesting and receiving the Services offered by The Hoodmen. The User may freely enter any data he/she wishes and is responsible for the truthfulness, accuracy and updating of such information, in order to be able to request and receive the Services from The Hoodmen.
In order the User to become a Member, such User must pay, as a subscription fee for the use of The Hoodmen's Services, the following:
a. the amount of 5€/month, or
b. the amount of 12€/quarter of the year, or
c. the amount of 40€/year
Exception to the above obligation is Users who acquire membership only to make a purchase through The Hoodmen. The payment of the above subscription will be made via PayPal and the amount thereof will be transferred to the Company's PayPal account.
The Company has the unilateral right to change the above mentioned subscription fees at any time and such change will be applied after a respective post at The Hoodmen and concern new subscription or renewals made after the above post.
If you are already a registered Member, select the "Login" option and then enter your e-mail address and access password to identify yourself. If you have forgotten your password, select "Forgot my password" from the "Login" section and follow the instructions to request transmission of a new password.
Upon registration/login of the Member:
A. the Member who wishes to sell/exchange (swap)/resell a product through The Hoodmen, posts it and this will be displayed for sale/exchange (swap)/resale there. Please note that the Company has the absolute right to refuse to post a product for any reason whatsoever.
B. for the case of a Member who wishes to purchase a product through The Hoodmen, see below article 12 of the Terms of Use.
3. Subscription to the Newsletter
The User has the possibility to subscribe to a list intended for sending e-mails and/or newsletters about the Company and its services. The User may at any time revoke his/her consent by clicking on the "Unsubscribe" option, which is located at the end of each e-mail sent by the Company, in which case the Company will remove him/her from the respective list.
4. Rights and Obligations for the use of The Hoodmen
4.1 Who is entitled to become a User: The use and browsing of The Hoodmen is directed to:
A. adults (over 18 years of age) or in the case of minors (persons under 18 years of age) it is necessary to have the consent of their guardian(s),
B. persons who have full legal capacity under the law of Cyprus.
The Company is entitled at any time to reject a visitor's request to open an account or to exclude and/or delete a Member permanently or temporarily at any time, without compensation and without giving reasons, especially if receives a complaint from another User or from a third party or from any competent authority for any illegal behavior or for violation of the Terms of Use.
4.2 User's initiative to use and browse The Hoodmen
The User uses and browses The Hoodmen solely on his/her own initiative.
5. Services provided - Products - Prices
The Company does not guarantee the specifications and quality of the products sold, exchanged (swapped) and/or resold through The Hoodmen.
The information listed on The Hoodmen about products for sale, exchange (swap) and/or resale – include, but are not limited to, its name, selling price, photographic illustration, availability or not and a brief description of its action and characteristics.
The Company does not guarantee the accuracy of the data, for which the Member performing the relevant entry is solely responsible.
The Company, in good faith, is not liable for entries of electronic data made by mistake or in error by common experience, is not bound by them and is entitled to correct them whenever becomes aware of their existence.
The prices indicated on the products displayed through The Hoodmen for sale and/or resale are the final prices including Value Added Tax (VAT), but not including any additional costs that the Member may impose (e.g. shipping costs).
The Members, who sell/exchange (swap)/resell, reserve the right to change the prices of the products displayed on The Hoodmen, without the Company being liable for this, whenever they deem it necessary and without prior notice, by only an announcement through The Hoodmen, in this case, orders already made until the moment the change took place, are not affected.
6. Limitation of liability
The Company, although has taken all necessary measures, cannot guarantee the uninterrupted and proper operation of The Hoodmen. The Company is not liable for any damage or harm that may occur to the Users due to, or on the occasion of, the use of the above platform due to force majeure or fortuitous event or any event that is not within its sphere of influence. In any case where the Company's liability may be established, this shall be limited, where legally permissible, to the amount of EUR 500.
The Hoodmen is linked through hyperlinks to other websites, which are not related to the Company and whose content is not controlled by the latter (the "Linked Sites"). Therefore, the Company does not guarantee the correctness, legality, completeness, currentness, truth, accuracy or quality of their content and shall not be liable for them or for any loss or damage that may be caused by, or in connection with, their use. Similarly, the Company cannot control the processing of users' personal data by the Linked Sites and for this reason, the Company shall not be liable in relation thereto. When the User uses the Linked Sites, the terms and conditions of each specific website shall apply accordingly. For any issue that may arise, indicatively in relation to content or the use of a Linked Site, the User is invited to address directly the owner or administrator of the respective website. The Company in no way endorses or accepts or approves the content or services of Linked Sites, to which the User is referred via hyperlinks.
The Company may at any time make modifications and upgrades to The Hoodmen as a whole or at individual elements, its mode of operation, the services provided by it, as well as modifications to the Terms of Use, by informing the Users, by a respective post at The Hoodmen. In case of a User’s disagreement with the modified terms, the User is obliged to cease using The Hoodmen immediately and the Member to also delete his/her account.
The Company reserves the right to suspend or discontinue the operation of The Hoodmen permanently or temporarily without prejudice and without any time limit and without any formality, by simply informing the Users in advance by a post at The Hoodmen.
All Users of The Hoodmen accept and declare that they are proceeding to using The Hoodmen "as is". The Company in no way guarantees that both the online website and the information displayed through it or the information received by the User due to, or on the occasion of, its use, are free of actual and legal defects, claims, errors, viruses or that they are reliable, suitable for use, correct, accurate and up-to-date.
The Company does not review Members' postings and is not involved in any way in the transactions between Members. Due to the fact that the majority of the content at The Hoodmen originates from Members, the Company is not responsible for, nor guarantees, the accuracy of Members' postings or communications or the quality, specifications, safety or legality of the products/services offered and related postings.
In no event the Company will assume any liability whatsoever for the posting of unlawful, threatening, abusive, defamatory, obscene information or material of any kind that violates or infringes the rights of any other person, including, without limitation, any transmissions that constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
Consequently, the Company expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, durability, fitness for a particular purpose and those arising from the law, for which the Users, by accepting the Terms of Use, by registering and/or using The Hoodmen, expressly declare that they, themselves, assume such responsibility. The Company shall not be liable for any loss, whether of money (including profit), goodwill, reputation, or any special, indirect or consequential damages arising out of the use or inability to use The Hoodmen by Users, even if they inform the Company or if the Company could reasonably foresee the possibility of any such damages occurring.
7. Secret codes for accessing the Account
All Members shall set their own personal secret passwords, which they may change at any time and as often as they wish. The Members are responsible for maintaining the secrecy and concealment of the passwords, and for not allowing third parties to use them. For security reasons, all Members should change the above codes at regular time periods and avoid using the same codes or easily traceable codes, using as possible, not only letters and numbers, but also symbols, for creating their codes.
Members shall be solely responsible for any action taken on their account under their secret password, and for any damage or harm caused to themselves or to third parties through their account.
In case of loss or leakage, the Member should immediately notify the Company by sending an e-mail to info@thehoodmen.com, otherwise the Company is not responsible for the use of the secret password by an unauthorized person. If such notification is not made, the Member is liable for any act or omission carried out with his/her password, until the Company is demonstrably informed and a reasonable time has elapsed until the Company takes the necessary measures.
8. Issues of Account deletion/deactivation by Members
8.1.
a) Data is kept by the Company only for as long as necessary for the provision of Services requested by the Member on his/her own initiative and by his/her Registration at The Hoodmen, and for as long as it is required by the Company's compliance with statutory obligations.
b) The data are deleted as follows:
i) The Member through the account settings may deactivate the account with the possibility of future reactivation of the account at The Hoodmen. In addition, the Member may request the deletion of his/her data by virtue of the right of deletion provided for in the Rights of the Subjects (Article 13 of the Privacy Policy).
ii) In addition, the Member, through his/her account settings, may also perform a complete deletion of the account. In this case, the Member does not have the possibility to reactivate his/her account at The Hoodmen in the future. This way, all his/her data is deleted. Furthermore, the Member may request the deletion of the data himself/herself under the deletion right provided for in the Rights of the Subjects (Article 13 of the Privacy Policy).
8.2. Consequences of deletion from The Hoodmen
Any deletion of any Member from The Hoodmen, entails the simultaneous loss of his/her status as a Member and the impossibility of further access to his/her account. The Company also reserves the right to delete any Member at any time with or without reason. In case deletion is done with reason, the subscription fee paid for the period that Services have not been provided yet, will not be returned. In case deletion is done without reason, the subscription fee paid for the period that Services have not been provided yet, has to be returned. Subscription fee paid for the period that Services have been provided, shall not be returned for any reason.
9. Intellectual Property Rights.
The intellectual property rights of the content and services of The Hoodmen (including, but not limited to, product names, logos and distinctive features, texts, graphics, images, pictures, drawings, videos and combinations thereof) are protected by national, European Union and international intellectual property laws and their appearance on The Hoodmen should in no way be construed as a transfer or assignment of a license or right to use.
Any copying, distribution, transfer, adaptation of the content of The Hoodmen, creation of derivative works or misleading the public about the actual provider of the content of The Hoodmen, is prohibited.
Any reproduction, republication, uploading, announcement, dissemination, transmission or any other use of the content in any manner or by any means for commercial or other purposes, is permitted only after prior written permission of the Company or any other copyright holder.
10. User’s Liability
The Users of The Hoodmen generally accept that they will make lawful use of it. They must comply with national and international legislation and refrain from any illegal and immoral action, as well as from acts or omissions that may cause damage or malfunction to The Hoodmen.
In particular, as a condition of using The Hoodmen, Users agree that they will not:
-violate any law,
-post threatening, defamatory, libelous or obscene material,
-post or communicate, in any way, false or misleading material or message of any kind,
-violate any right of any third party,
-distribute spam, chain letters or promote pyramid schemes,
-distribute viruses or other technologies that may harm The Hoodmen or the interests or property of other Users of The Hoodmen,
-impose or contribute to imposing an unreasonable burden on the Company's infrastructure or interfere with the proper functioning of The Hoodmen,
-copy, modify or distribute the content of any other person without their consent,
-use any robot or other automated means to access The Hoodmen and collect content for any purpose without the express written permission of the Company,
-otherwise collect information about others, including e-mail addresses, without their consent, for any purpose and for any reason,
-copy, modify or distribute rights or content from The Hoodmen or The Hoodmen's copyrights and trademarks,
-circumvent the measures used to prevent or restrict access to The Hoodmen,
-use any tool that interferes with the normal operation of The Hoodmen, including, but not limited to, browser plug-ins, extensions or other software designed to supplement, remove or otherwise alter any of the functionality of The Hoodmen,
-sell, trade, resell any counterfeit items or otherwise infringe the copyrights, trademarks or other rights of third parties,
-sell, exchange (swap), resell things that are defective or that do not have the agreed properties.
In case of violation of the above, the Users are obliged to compensate the Company, restoring any positive and consequential damage. They are also legally responsible and obliged to compensate any third party that may be harmed by any unlawful action and/or any action in breach of contract.
11. Purchase of products and consumer protection
Performing a purchase, exchange (swap), sale or resale through The Hoodmen constitutes where applicable a distance sales contract regulated by the Cypriot and European Union legal framework, which includes mandatory provisions that have to be served, followed and kept by the Members, such as the right of withdrawal of the buyer, which may be exercised within 14 calendar days from receipt of the product etc.
12. Order submission and receipt procedure
After a Member has identified the product he/she wishes to purchase or exchange (swap), he/she selects it and then completes the order form by entering the following data:
1. First Name
2. Last Name
3. E-mail address
4. Phone number
5. Full address
6. Country
7. City
8. Postal code
9. Details addresses to the seller
It is possible transacting Members to chat through The Hoodmen, by clicking ........................................... It is exclusively between the Members to agree on the execution, transmission, receipt of the order and the general completion of the transaction.
The Member has the option to choose whether the recipient of the order is the same person, as the person who will pay the cost of the order, and if not, after clicking on the corresponding option, he/she must enter the details of the person in whose name the invoicing will be made.
Then, after the Member has checked with absolute care and under his sole responsibility and diligence the correctness of the data/information he/she has entered, as well as the choices he/she has made, due to the fact that the Company bears no responsibility for the above, he/she may complete the order by clicking on the "Complete purchase" option.
In any case, for completing the order entry, the Member must accept the Terms of Use by selecting the corresponding field marked "I agree with the Terms of Use".
Then, the system automatically loads the Paypal payment page, with the amount automatically filled in.
The Member has to enter the login details of their Paypal account in order to complete the payment.
13. Invoicing
In cases where the law requires the issuance of a legal sales document - indicatively, a retail receipt or invoice - where the items, quantities and all charges are listed in detail (VAT, shipping costs, costs for the cash on delivery service), this obligation is borne by the Member, according to the law, who is obliged to comply with it.
14. Terms of shipment and delivery
The Company does not mediate or participate in the process of shipping and delivery of products. Its involvement is limited only to the promotion of products/services through The Hoodmen.
The terms of shipment and delivery are agreed between the Members transacting every time through the chat ("chat"), without the Company having any involvement.
15. Payment terms
The transaction and process for paying the price of the product, it is done directly between the Members who are responsible to agree the above mentioned. It is made clear that the Company is not responsible for payments made in relation to products/services displayed on The Hoodmen, for which the Members - sellers/resellers, and Members exchanging (swapping) products in case of payment of additional amount, are solely responsible.
The Member may make payment of his order via PayPal. It is expressly stated that regarding payment and security of Members under any capacity (buyers, sellers, exchanging (swapping) Members, resellers) for the transactions, PayPal's policies, guidelines and terms apply.
16. Defective Products - Product Returns - Withdrawal
In the cases of defective products, product returns, right of withdrawal, and other rights of buyer and seller, the rights are exercised directly between the transacting Members, due to the fact that the Company is not a party to the transaction, nor is liable for the transaction or because of the transaction.
17. Violation
Do not post contents that infringes the rights of third parties. This includes, but is not limited to, contents that infringes intellectual and industrial property rights, such as copyrights, designs, trademarks, patents. A large number of products of all kinds are offered on The Hoodmen by individuals.
18. General Terms - Applicable Law
18.1 The Terms of Use govern the use of The Hoodmen by any User and constitute the sole agreement between the Company and Users in relation to the use of The Hoodmen.
18.2 All article titles are illustrative, they are provided for convenience only.
18.3 All disputes between the Company and a (current or former) User in respect to any matter that may arise out of, or in connection with, the use of The Hoodmen, shall be governed by the laws of Cyprus. The parties hereby expressly agree that the courts of Nicosia, Cyprus shall have jurisdiction over any matter.
18.4 If individual terms of the Terms of Use are rendered partially or wholly invalid or unenforceable, the validity and/or enforceability of the remaining terms shall not be affected.
18.5. Any delay in exercising any right or failure to exercise any right shall not be deemed a waiver thereof.
19. Specific Terms
In the event that any use of The Hoodmen is governed by specified terms of use and/or policy, such terms shall be considered as one with the Terms of Use. However, in case of conflict, specified terms shall prevail.