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Conditions of use

Last update: 01.05.2023

MORENO.care and/or their affiliates (MORENO.care) provide website features and other products and services to you when you visit or shop at morenocare.com (the website), use MORENO.care devices, products, or services, use MORENO.care applications for mobile, or use software provided by MORENO.care in connection with any of the foregoing (collectively MORENO.care services). Please see our Privacy Notice, our cookies notice to understand how we collect and process your personal information through MORENO.care services. MORENO.care provides the MORENO.care services and sells our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using MORENO.care services. By using MORENO.care services, you signify your agreement to be bound by these conditions. We offer a wide range of MORENO.care services, and sometimes additional terms may apply. When you use an MORENO.care service (for example your profile, gift cards or MORENO.care applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that MORENO.care service. If these conditions of use are inconsistent with the service terms, those service terms will control.

1. Electronic communications

When you use any MORENO.care service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other MORENO.care services, such as our message centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. Recommendations and personalisation

As part of the MORENO.care services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.

3. Copyright, authors' rights and database rights

All content included in or made available through any MORENO.care service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of MORENO.care or its content suppliers and is protected by German and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any MORENO.care service is the exclusive property of MORENO.care and is protected by Luxembourg and international copyright and database right laws.

You may not extract and/or reutilise parts of the content of any MORENO.care service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for reutilisation any substantial parts of the content of any MORENO.care service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any MORENO.care service (e.g. our prices and product listings) without our express written consent.

4. Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MORENO.care service are trademarks or trade dress of MORENO.care. MORENO.care's trademarks and trade dress may not be used in connection with any product or service that is not MORENO.care's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MORENO.care. All other trademarks not owned by MORENO.care that appear in any MORENO.care service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MORENO.care.

5. Licence and access

Subject to your compliance with these conditions of use and applicable service terms and your payment of any applicable fees, MORENO.care or its content providers grant you a limited, non exclusive, non transferable, non licensable licence to access and make personal and non commercial use of the MORENO.care services. This licence does not include any resale or commercial use of any MORENO.care service or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any MORENO.care service or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these conditions of use or any service terms are reserved and retained by MORENO.care or its licensors, suppliers, publishers, rights holders, or other content providers. No MORENO.care service, nor any part of any MORENO.care service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of MORENO.care without our express written consent. You may not use any meta tags or any other hidden text utilising MORENO.care's names or trademarks without our express written consent.

You may not misuse the MORENO.care services. You may use the MORENO.care services only as permitted by law. The licences granted by MORENO.care terminate if you do not comply with these Conditions of Use or any service terms.

6. Your account

You may need your own MORENO.care account to use certain MORENO.care services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account. Click payments and then change payment method.

If you use any MORENO.care service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the your account section of the website.

You must not use any MORENO.care service: (a) in any way that causes, or is likely to cause, any MORENO.care service, or any access to it to be interrupted, damaged or impaired in any way, or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (c) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any MORENO.care services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

7. Reviews, comments, communications and other content

Visitors may post reviews, comments and other content, send e-cards and other communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any MORENO.care service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any MORENO.care service, please notify us by completing and submitting the appropriate notice form and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant MORENO.care (a) a non exclusive, royalty free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to license these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (a) the content and material is accurate and (b) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify MORENO.care for all claims brought by a third party against MORENO.care arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. By deleting content from public view, you withdraw your license for MORENO.care to publish and make available that content publicly.

8. Intellectual property claims

MORENO.care respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

9. MORENO.care software terms

In addition to these conditions of use, the terms found under additional MORENO.care software terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with MORENO.care services (the MORENO.care software).

10. Our liability

We will do our most possible to ensure that availability of the MORENO.care services will be uninterrupted and that transmissions will be free of errors. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to MORENO.care services 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.

MORENO.care will not be responsible for (a) losses that were not caused by any breach on our part, or (b) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (c) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the MORENO.care services.

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.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.

11. Applicable law

These conditions are governed by and construed in accordance with the laws of the Germany. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non exclusive jurisdiction of the courts of the district of Hückeswagen City, which means that you may bring a claim to enforce your consumer protection rights in connection with these conditions of use in Germany or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.

12. Export controls

You agree that you will not export, reexport, or transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organisation, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organisations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions).

13. Alterations to service or amendments to the conditions of use

We reserve the right to make changes to any MORENO.care services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and conditions of use in force at the time that you use the MORENO.care services. If any of these conditions of use 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.

14. Waiver

If you breach these conditions of use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions of use.

15. Children

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the MORENO.care services only with the involvement of a parent or guardian.

16. Our contact details

This website is owned and maintained by MORENO.care GmbH.

MORENO.care sp. z o.o.
ul. Grzybowska 87
00-844 Warsaw

17. Notice and procedure for making claims of right infringements

If you believe that your intellectual property rights have been infringed and you are eligible for brand registry, please sign up to that service and submit your complaint. Otherwise, please submit your complaint using our contact form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.

Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify MORENO.care for all claims brought by a third party against MORENO.care arising out of or in connection with the submission of a complaint.

Important warning: giving false, misleading or inaccurate information in the Notice Form to MORENO.care may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

18. Notice and procedure for notifying MORENO.care of defamatory content

Because a lot of products are listed and many customer reviews and comments are hosted on morenocare.com, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a product advertised for sale on, the morenocare.com website contains a defamatory statement, please notify MORENO.care immediately by completing and submitting a notice to morenocare.com of defamatory content. Send it to info@morenocare.com with the subject line Defamation Notice [insert your name] or, alternatively, send it by post to:

MORENO.care sp. z o.o.
ul. Grzybowska 87
00-844 Warsaw

Important warning: giving false, misleading or inaccurate information in the Notice Form to MORENO.care may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.