Terms and conditions
1. Introduction
1.1 The sale of “RIOT DIVISION” branded products to you through RIOTDIVISION.TECH site (hereinafter referred to as the “Website") is governed by these General Terms and Conditions of Sale. Please read these General Terms and Conditions of Sale carefully before submitting your order to RIOT DIVISION. These General Terms and Conditions of Sale will tell you how RIOT DIVISION will deliver products to you, how RIOT DIVISION may change the contract, what you should do if you have a problem and other important information. If you think there is a mistake in these General Terms and Conditions of Sale please contact RIOT DIVISION to discuss.
1.2 The purchase of goods via this Website and governed by these General Terms and Conditions of Sale are exclusively reserved to consumers (hereinafter referred to "you"). You may only purchase Products from this Website if you are over the age of 18 (or, if younger, authorised by your legal representative).
1.3 The Products can be delivered to the majority of countries worldwide as indicated in the checkout form (Shipping).
1.4 The purchase of the Products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time of your purchase.
1.5 RIOT DIVISION reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying you. However, any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale are published online.
Where the General Terms and Conditions of Sale are replaced with a new version the previous version of the General Terms and Conditions of Sale will no longer be applicable, effective or enforceable in relation to any purchases made after such previous version is removed from the Website.
1.6 RIOT DIVISION reserves the right to refuse selling the Products in case we have founded reasons to believe that the aim of purchase is copying of RIOT DIVISION design or that the Products shall be used for unlawful activities.
2. Purchasing process
2.1 Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price, colours, sizes (as appropriate).
2.2 The Products selected by you shall be placed into a special section (hereinafter referred to as the "Shopping Cart"). The Shopping Cart shall contain: a description of the Products, including details of any applicable measurements or sizes; and one or more digital photographic images clearly showing the Products.
2.3 The digital photographic images of the Products provided on the Website and the Shopping Cart are for illustrative purposes only. Although RIOT DIVISION have made every effort to display colours accurately, RIOT DIVISION cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.4 To view the Products selected and the total price of the purchase order, please visit the Shopping Cart page. The purchasing process allows you to check and amend any errors before submitting your order to RIOT DIVISION. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the "Order"), be careful to check the accuracy of the contents of the Shopping Cart and fill in the Order form in accordance with the instructions provided on the Website.
2.5 The purchasing process is completed as soon as you press the relevant final Order confirmation button “Purchase” (hereinafter referred to as the "Purchase Button"), thereby validating your Order, which will be submitted to RIOT DIVISION.
2.6 By general rule, after pressing the Purchase Button, the contents of the Order may not be modified by you. However, having received your written request on Order modification after you have pressed the Purchase Button, we shall try to accommodate unless the Order has not been shipped out yet. RIOT DIVISION do not guarantee Order modification or cancelation after you pressed the Purchase Button.
2.7 Before confirming the Order, you are required to confirm that you have read and accepted these General Terms and Conditions of Sale. At the end of the purchasing process, you should save or print off the General Terms and Conditions of Sale for your records.
2.8 The purchasing process as set out in this paragraph 3 must be fully completed. Failure to do so will mean that the Order cannot be submitted to RIOT DIVISION.
2.9 RIOT DIVISION will use the personal information you provide: (i) to supply the products to you; (ii) to process your payment for the Products; and (iii) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting RIOT DIVISION. RIOT DIVISION will only give your personal information to other third parties where the law either requires or allows RIOT DIVISION to do so.
2.10 You are aware that you are responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
2.11 You are aware that on the Website you may have the opportunity to order a selection of Products before their commercial launch or distribution and placement in the market ("Pre Ordered Products"). You acknowledge that such Pre Ordered Products are not yet available for general sale. The Pre Ordered Products are clearly identified and marked on the Website through the wording “Pre Order” or “Pre Ordered Product”. The Pre Ordered Product will be delivered to you on or before the estimated date specified in the Product page description on the Website at the time of making your Order.
2.12 You acknowledge and agree that if you order a Pre Order Product, the relevant price shown on the Website and displayed in the Shopping Cart section shall be charged to you after you press the Purchase Button.
2.13 Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products are referred below in the respective sections.
2.14 You acknowledge and agree that, except for what is specifically provided herein for the Pre Ordered Products, the other clauses of these General Terms and Conditions of Sale hereof will apply to Pre Ordered Products.
3. Execution of contract
3.1 Once you have confirmed your Order and pressed the Purchase Button the Order is submitted to RIOT DIVISION for processing and cannot be further modified or cancelled. The Order placed by you shall only be processed by RIOT DIVISION if the entire purchasing process has been duly completed, without any error being reported by the Website. After placing your Order, you will receive an automatic e-mail from RIOT DIVISION acknowledging that your Order has been accepted. However, please note that in the process of Product’s preparation for delivery because of some unexpected occurrences (e.g. the only Product available has damages/is defective) RIOT DIVISION might be unable to fulfill your Order. In such event RIOT DIVISION shall promptly send you an e-mail offering to modify or to cancel the Order and, in case of cancellation, shall reimburse you the total cost of the Order charged.
4. Price and Method of Payment
4.1 The prices of all Products offered for sale on the Website are inclusive of any relevant applicable local tax.
4.2 The relevant prices shall be shown in U.S. Dollars (USD).
4.3 The total price displayed in the Shopping Cart includes shipping costs possibly applicable, which shall be indicated separately. Shipping cost depends on shipping courier, ordered Products, order weight and shipping region.
4.4 The prices shown on the Website and displayed in the Shopping Cart section, upon confirmation by you of the Order by pressing the Purchase Button, shall be charged to you.
4.5 RIOT DIVISION only accepts the payment methods expressly indicated on the Website.
4.6 For the purposes of payment, you confirm and warrant that you are the owner of the account used for the purchase.
4.7 The purchased Products shall only be shipped after due payment of the amount owed by you. In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and you shall be subsequently notified accordingly.
4.8 In the event one or more Products are unavailable and you have decided not to fully cancel the Order, the difference between the sum charged and the cost of the available Products plus the possible related shipping costs shall be returned to you.
5. Delivery and Customs Clearance
5.1 RIOT DIVISION use NOVAPOSHTA for all shipments within Ukraine.
5.2 Worldwide delivery is carried out by UKRPOSHTA and UPS/DHL. All orders are trackable.
5.3 The Products shall be delivered by shipping courier to the address indicated by you in the Order. Your signature shall be requested upon delivery of the Products.
5.4 For security reasons, RIOT DIVISION shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
5.5 The shipping costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Purchase Button.
5.6 In the cases of worldwide delivery, RIOT DIVISION shall carry out customs clearance of the Products at the border of Ukraine and shall be responsible for paying all the relevant customs charges (if any) in accordance with the applicable law on shipping (export) of the goods. Such customs charges are included in the prices of the Products as indicated on the Website.
5.7 When receiving the Products from the shipping courier you shall carry out customs clearance in connection to the import of the Products to your country and you shall be responsible for paying the relevant taxes, VAT (if applicable) and all the other customs charges (if any) in accordance with the applicable law on shipping (import) of the Products. Such customs charges are not included in the prices of the Products as indicated on the Website as they are determined by the competent authorities of your state. RIOT DIVISION advise that prior to pressing the Purchase Button you find out about the applicable rate of the taxes, VAT, and other import charges (if any) for the Products you order.
5.8 The Products are deemed to be delivered upon handing them by RIOT DIVISION to the shipping courier. RIOT DIVISION shall deliver the Products to the shipping courier within 3 (Three) working days of the date of payment for the Products. RIOT DIVISION shall not be responsible for the loss or damage of the Products by the shipping courier. Shipping time estimates are stated from the moment the Products are handed to the shipping courier. The shipment by UPS/DHL usually takes 1-5 working days, but may take longer in some occasions. The term of the shipment by UKRPOSHTA depends on the country of delivery.
5.9 As soon as the purchased Product is delivered, you shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow you to real-time monitor the delivery.
5.10 RIOT DIVISION's Customer Service shall provide the assistance required for any potential problem relating to the delivery. You may contact RIOT DIVISION's Customer Service by email at store@riotdivision.tech
6. Product Conformity
6.1 At the time of receipt of the Products from the shipment courier, you are required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity.
6.2 In the event the Product delivered has manufacturing defect or it is not of the size you ordered, you shall have the right to return or to replace the Product free of charge (if available). In case of return of the Product, the purchase price charged shall be reimbursed to you in full. It is understood that you shall lose such right if you do not notify RIOT DIVISION about the lack of conformity of the Product within 5 (five) days from the date of delivery.
6.3 The Products purchased with discounts cannot be returned or replaced unless they have a manufacturing defect.
7. Limitation of Liability
7.1 RIOT DIVISION are responsible for loss or damage you suffer as a result of RIOT DIVISION’s failure to comply with these General Terms and Conditions only if such failure is caused by RIOT DIVISION’s guilty or negligent behavior.
7.2 RIOT DIVISION only supply the Products for private use. If you use the Products for any commercial, business or re-sale purpose RIOT DIVISION will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 RIOT DIVISION do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the Products including the right to receive products which are as described and match information RIOT DIVISION provided to you; supplied with reasonable skill and care; and (iii) defective products.
7.4 RIOT DIVISION bear no liability in case of your refusal to do the customs clearance and to pay import taxes, VAT (if applicable) and other import charges as stipulated by the applicable law. RIOT DIVISION bear no liability in case the Products cannot be delivered to you by the shipping courier because of your country’s ban or any other restriction on import of such Products. In the cases enumerated in this item 7.4 of the General Terms and Conditions of Sale, the cost of the Product and the shipping cost shall not be reimbursed to you.
7.5 Subject to this article 7, and to the extent permitted by law, RIOT DIVISION’s total liability to you in respect of the losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order.
8. Product authenticity and intellectual property rights
8.1 RIOT DIVISION warrants the authenticity and high quality of all the Products offered for sale on the Website.
8.2 The "RIOT DIVISION" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "RIOT DIVISION" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of RIOT DIVISION. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
9. Contact details
9.1 For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale, you may send an email at store@riotdivision.tech or contact the E-commerce Client Service via riotdivision.tech/pages/contact.