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General Conditions of Sale and Use

Last updated on 10/19/2024

General Conditions of Sale and Use

PREAMBLE

This website is operated by MKBusiness International Trading Co., EURL hereinafter referred to as "MKBusiness" . Throughout the site ("site", "website", "the SYL-X website", "store"), the terms "we", "us" and "our" refer to MKBusiness or its brand SYL-X or the brands of its suppliers. MKBusiness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing any product or service from us, you irrevocably adhere to our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, as well as any subsequent updates. These TOS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you irrevocably agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products, services, or tools which are added to the current Website shall also be subject to the TOS. You can review the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of these TOS by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The site www.SYL-X.tech is a service offered by:

  • MKBusiness International Trading Co., EURL
  • SIREN: 931 443 394
  • Located at 34, avenue Ollivary 13008, Marseille, France
  • Website URL: www.SYL-X.tech
  • Email: cc@syl-x.tech
  • Phone number: 07 49 08 41 46

OUR SERVICES

The information provided through the use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use the Services. You may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA), or any applicable regulations and directives within the European Union, or in the countries in which our Services are available.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, images, text, photographs, writing, and graphics on the Services (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.

Your Use of Our Services

Subject to your compliance with these TOS, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download the operating applications of the Services and this,

FOR YOUR PERSONAL, NON-COMMERCIAL USE OR INTERNAL BUSINESS PURPOSES ONLY.

Except as provided in this Section or elsewhere in our TOS, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

If you wish to use the Services, Content, or Marks in any way other than as set forth in this section or elsewhere in our Legal Terms, please direct your request to cc@syl-x.tech . If we ever grant you permission to publicly post, reproduce, or display any portion of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks, and ensure that any copyright or other proprietary notices appear or are visible when posting, reproducing, or displaying our Content, Marks, or Services.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any violation of these intellectual property rights will constitute a material breach of our Terms and Conditions and your right to use our services will terminate immediately, subject to any legal proceedings available to us under applicable laws.

Your submissions and contributions

Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the (a) rights you grant to us and (b) obligations you have when you post or upload any Content through the Services.

Submissions : By directly sending us any questions, comments, suggestions, ideas, feedback, reviews, images, photos, videos, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own such Submission and shall be entitled to use and distribute it, in any medium and on any platform without restriction for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions : The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features where you may create, submit, post, display, transmit, distribute, or broadcast content and materials to us or through the Services, including, but not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, opinions, feedback, feedback suggestions, personal information, or other material (“Contributions”). Any publicly posted Submission will also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including the use of your name, trademarks, and logos). By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to grant sublicenses of the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels in any country.

This license includes our use of your name, company name, and franchise name, as applicable, as well as all trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload. By sending Submissions to us and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social media accounts, you:

  • confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and that you will not post, send, distribute, upload or transmit through the Services any Submission or publish any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive;
  • to the extent permitted by applicable law, waive any moral rights in such Submission and/or Contribution;
  • warrant that such Submissions and/or Contributions are original to you or that you have all necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the rights set forth above with respect to your Submissions and/or Contributions; and
  • warrant and represent that your submissions and/or contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any losses we may incur as a result of your violation of (a) this Section, (b) the intellectual property rights of any third party, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor Contributions, we will have the right to remove or edit any Contribution at any time and without notice if, in our reasonable opinion, we consider such Contributions to be harmful or in violation of these Terms. If we remove or edit such Contributions, we may also suspend or disable your account and report you to the authorities.

copyright violation

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright that you own or control, please immediately refer to the “COPYRIGHT VIOLATIONS” section below.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Terms; (4) you are not under 15 years of age; (5) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental consent to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We endeavor to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not warrant that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the product. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following payment methods:

  • Visa
  • MasterCard
  • American Express
  • Pay Pal
  • Any other payment method available on our website.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Any taxes owed to you under applicable laws in your country will be added to or included in the purchase price. We may change prices at any time. All payments must be made in your currency or the currency of the store.

You agree to pay all charges at the prices then in effect for your purchases as well as any applicable shipping charges, and you authorize us to charge the payment provider you selected when you placed your order for these amounts. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

RETURN/REFUND POLICY

Please review our Return Policy posted on the Services before making any purchase.

SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms. Any software and related documentation are provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume the entire risk arising out of the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors, such as reselling, dropshipping, distribution, B2B, B2C, or C2C, except those specifically approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person. Make inappropriate use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Remove the copyright or other proprietary rights notices from any Content.
  • Attempting to impersonate another user or person or use another user's username.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  • Interfere with, disrupt, or create an undue burden on the Services or any networks or services connected to the Services. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Services.
  • Attempt to circumvent any measure of the Services designed to prevent or restrict access to the Services, or any portion of the Services. Copy or adapt the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript or other code.
  • Except to the extent permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or amine reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Use a purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise. Use the Services to advertise or offer to sell any goods or services.
  • Sell ​​or otherwise transfer your profile.
  • Inspect or spy on the store code or its products, sales, or any other commercial information using spying and inspection tools.

Any violation of these prohibited activities will be considered a breach of our terms, resulting in immediate termination of your right to use our Services. Legal action may also be taken for any unauthorized use, duplication or reproduction of our store content, or violation of these TOS.

USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, reviews, events, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, distribute, or broadcast Content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, opinions, reviews, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not violate the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, permissions, and releases to use and authorize us and other users of the Services to use your Contributions in any manner contemplated by the Services and these TOS.
  • You have the written consent and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these TOS.
  • Your Contributions are not false, inaccurate or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise seek to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not violate or link to material that violates any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these TOS and may result in, among other things, termination or suspension of your rights to use the Services.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your Services account to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. Use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name, as applicable, as well as all trademarks, service marks, and trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of ​​the Services. You are solely responsible for your Contributions to the Services and you expressly agree to indemnify us from any liability and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise modify any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. When you post a review, you must meet the following criteria: (1) you must have direct experience with the person/product being reviewed; (2) your reviews must not contain offensive profanity, or any language that is abusive, racist, offensive, or hateful; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you must not draw any inferences about the legality of the conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign to encourage others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to remove reviews, even if someone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent the views of us or any of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from a review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

SOCIAL NETWORKS

As part of the functionality of the Services, you may link your account to online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account and store account login information through the Services; or (2) allowing us to access your Third-Party Account as permitted by the applicable terms and conditions that govern your use of each Third-Party Account, which you represent and warrant that you have the right to do, and to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of the terms and conditions that govern your use of the applicable Third-Party Account, and without incurring any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Account, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including, without limitation, any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you associate your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review Social Media Content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or tablet solely for the purpose of identifying you and informing you of those contacts who have also registered to use the Services. You may disable the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through that third-party account, except for the username and profile picture associated with your account.

THIRD PARTY WEBSITES AND CONTENT

The Services may contain (or you may be directed through the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content, and inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from and against any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take, in our sole discretion, appropriate legal action against anyone who violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

PRIVACY POLICY

We care about privacy and data security. Shopify’s Privacy Policy, which you can review here: https://www.shopify.com/legal/privacy , applies to our store. By using the Services, you agree to be bound by that Privacy Policy, which is incorporated into these Terms of Service. Please note that the Services are hosted in Canada. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Services, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.

COPYRIGHT VIOLATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us immediately using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that under applicable law, you may be held liable for damages if you materially misrepresent your rights in a Notification. Thus, if you are not sure whether material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

DURATION AND TERMINATION

These TOS will remain in full force and effect while you use the Services WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE OPTION. DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or any part of the Services without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.

We do not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these TOS will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

APPLICABLE LAW

These T&Cs are governed by and construed in accordance with French law, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also benefit from the protection afforded to you by the mandatory provisions of the law of your country of residence. MKBusiness and you agree to submit to the non-exclusive jurisdiction of the courts of Marseille, which means that you may bring a claim to defend your consumer protection rights under these T&Cs in France, or in the EU country in which you reside.

DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access. In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an online dispute resolution platform, which facilitates the independent and out-of-court resolution of online disputes between consumers and traders within the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

If you would like to bring this matter to our attention, please do not hesitate to contact us.

CORRECTIONS

Certain information on the Services may contain typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Furthermore, MKBusiness is a distributor of various brands (“the Manufacturer”) available with the Services, and MKBusiness hereby declares that its liability is limited according to the following legal conditions:

  • Manufacturer's Responsibility: The manufacturer is solely responsible for reviewing and explaining the manual provided with the Services. MKBusiness strives to ensure the accuracy of the contents of the manual, but the ultimate responsibility for the accuracy of the contents lies with the manufacturer.
  • Final Interpretation: In case of printing errors or omissions in the manual, the manufacturer and MKBusiness reserve the right to final interpretation, to the extent permitted by law. MKBusiness also reserves the right to improve and modify the product and the manual without prior notice.
  • Modification of the product structure: The structure of the product, including its technical characteristics, is subject to possible modifications without notice. The manufacturer and MKBusiness cannot guarantee that the product delivered will be identical to that presented in the instructions.
  • Images for reference only: Some images in the manual are diagrams used for reference only. If there is any difference between the image and the actual product, the actual product shall prevail.
  • Limitation of Liability: The manufacturer and MKBusiness disclaim any liability for any damage, harm or injury resulting from the use of the Services. Users are encouraged to carefully follow the instructions in the manual and to consult the store for any questions regarding the use of the Services.

By making a purchase, the customer acknowledges having read and accepted the terms of this disclaimer. MKBusiness recommends that all users consult the manual provided by the manufacturer under the SYL-X brand and follow all safety and usage instructions.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE LAST SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN ANY EVENT, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPENSATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) your violation of these TOS; (4) any breach of your representations and warranties set forth in these TOS; (5) your violation of any third-party rights, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Data collected

The personal data collected on this website are as follows:

- Account creation: when creating the User's account: surname; first name; email address; telephone number; postal address;

- Connection: when the User connects to the website, it records in particular his/her surname, first name, connection data, usage data, location data and payment data;

- Profile: the use of the services offered on the SYL-X site makes it possible to provide a profile, which may include an address and a telephone number;

- Payment: as part of the payment for products and services offered on the SYL-X site, it records financial data linked to the User's bank account or credit card;

- Communication: when the SYL-X site is used to communicate with other members, the User's communication data is temporarily stored;

- Cookies: cookies are used in the context of the use of the SYL-X website. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from the user is intended to provide the services of the SYL-X site, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

- Access and use of the SYL-X website by the User;

- Management of the operation and optimization of the SYL-X website;

- Organization of the conditions of use of payment services;

- Verification, identification and authentication of data transmitted by the User;

- Offer the User the possibility of communicating with other users of the SYL-X site;

- Implementation of user support;

- Personalization of services by displaying advertisements based on the User's browsing history and preferences;

- Prevention and detection of fraud, malware and security incidents;

- Management of any disputes with the User;

- Sending commercial and advertising information, based on the User's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- When the user uses payment services, the SYL-X site is in contact with third-party banking and financial companies with which it has contracts for the implementation of these services;

- When the user publishes information accessible to the public in the free comment spaces of the SYL-X site;

- When the user authorizes a third party to access his data via the SYL-X site;

- When the SYL-X website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the User's data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable data protection regulations;

- If required by law, the SYL-X site may transmit data to respond to complaints made against the site and to comply with administrative and legal procedures;

- If the SYL-X site is involved in a merger, acquisition, transfer of assets or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy

The SYL-X website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. It should be noted, however, that the Internet is not a completely secure environment and that the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the applicable regulations regarding personal data, Users have the following rights, which they can exercise by making a request to the following address: gdpr@syl-x.tech:

  • The right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the SYL-X site may request proof of the user's identity to verify its accuracy.
  • Right of rectification: if the personal data held by the SYL-X site is inaccurate, the user can request that the information be updated.
  • The right to erasure of data: the user may request the deletion of his/her personal data, in accordance with applicable data protection laws.
  • The right to limit processing: the user can ask the SYL-X site to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • The right to object to data processing: the user may object to the processing of their data in accordance with the assumptions provided for by the GDPR.
  • The right to data portability: the User may request that the SYL-X site provide him with the personal data provided in order to transmit them to a new website.

Evolution of this clause

The SYL-X website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the SYL-X website undertakes to publish the new version on its website. The SYL-X website will also inform the user of the change by email, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the clause relating to the protection of personal data, he has the possibility of deleting his account.

The terms and conditions of Shopify's Privacy Policy shall prevail over these TOS with respect to User Data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

DELIVERY CONDITIONS

Delivery means the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered to the buyer by the seller's supplier in the manner and within the time specified.

The products are delivered to the address indicated by the buyer on the order form on the payment page of the store, the buyer must therefore ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer can receive an invoice to the billing address instead of the delivery address by selecting the appropriate option on the order form.

If the buyer is not present on the day of delivery, the delivery person will leave a notice in the mailbox, indicating where and when the package can be collected. In other cases, the buyer will receive a notification of collection of their package at a relay point.

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note his refusal on the delivery receipt (package refused because opened or damaged).

The buyer must report any anomaly concerning the delivery (damage, products missing compared to the delivery receipt, damaged packages, broken products, etc.) on the delivery receipt, accompanied by handwritten reservations and their signature. This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, signs the delivery receipt.

The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s), and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the website.

If the products are to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted if the products are in their original condition (packaging, accessories, instructions, etc.).

RETURN OF DEFECTIVE OR TRANSPORT DAMAGED PRODUCTS

The buyer must notify the seller on the same day of delivery or at the latest on the first working day following delivery, of any request to return a product damaged during transport or defective. Any claim made after this deadline will be rejected.

The complaint can be made by email to the following address: cc@syl-x.tech

The claim must be accompanied by photos and videos of the damaged product.

The returned product must be placed in its original packaging with all its accessories in a well-protected box.

In case you receive a damaged package or one that has been hit during transport, you must first send us a photo of the package. Then, you can open the package to check the condition of the product. When the product is damaged, the rules opposite apply. If the product has not been damaged, no return is possible.

Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer by email. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller under the conditions and to the address indicated by the seller in response to the complaint.

Return costs are the responsibility of the seller.

The seller does not bear the cost of returning the product. Therefore, if you deem it necessary to purchase shipping insurance, you must bear the cost yourself.

RIGHT OF WITHDRAWAL

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the delivery of his order to return any item that does not suit him and request an exchange or a refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their resale as new, the product must therefore not be opened, and accompanied by the purchase invoice.

Damaged, unsealed, soiled or incomplete products will not be accepted for return.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased as well as the delivery costs (except in the case of free delivery) will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 7 days from the date of delivery, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions

According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:

- for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;

- for the supply of goods made to the consumer's specifications or clearly personalized;

- for the supply of goods liable to deteriorate or expire rapidly;

- for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;

- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

- for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;

- for the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;

- for the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;

- for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Similarly, perishable goods, such as food, cannot be withdrawn.

FORCE MAJEURE

Any circumstances beyond the control of the parties and preventing the normal performance of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the above circumstances shall immediately inform the other party of their occurrence, as well as of their disappearance.

Any irresistible, external, unforeseeable, unavoidable circumstances beyond the control of the parties and which cannot be prevented by them, despite all reasonable efforts, shall be considered as force majeure. Expressly, the following shall be considered as force majeure or fortuitous events, in addition to those usually recognized by the French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or particular difficulties. to external telecommunications networks.

The parties will meet to assess the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts more than three months, these general conditions may be terminated by the injured party.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by reason of their drafting. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

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