OVERVIEW This website is operated by Home Comfort Taps. Throughout the site, the terms “we”, “us” and “our” refer to Home Comfort Taps. Home Comfort Taps 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 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 or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.

 

SECTION 01 - DEFINITIONS

Terms and Conditions: these General Terms and Conditions for sale and delivery of Home Comfort Taps

Website: the website https://hctaps.com; https://hc-taps.com; https://homecomforttaps.com; With domain name: hctaps; hc-taps; homecomforttaps and with any other domain extensions is owned and operated by Home Comfort Taps.

Products: all Products specified in the Agreement.

IP-rights: any and all rights (of intellectual property) including but not limited to copyrights, (amongst which copyrights on software), database rights, domain names, trade names, trademarks, design rights, patent rights, related rights, as well as all rights to knowhow.

Offer: any offer of us in writing or placed on the Website.

Client and/or you: the natural person whether or not acting in the course of its business or the legal entity, that has entered into an agreement with us.

Agreement: the Agreement between you and us based on which we sell and deliver the Products to you, meaning either an agreement for periodical deliveries such as a sales agreement or a distribution agreement (also “Periodical Delivery Agreement”) or a single order such as a specific order deriving from a Periodical Delivery Agreement or an order that was placed via the Website (also “Single Order”), either in writing or oral, of which Agreement these Terms and Conditions form an integral part.

Party(s): Home Comfort Taps and the Client, either jointly or individually.

Confidential Information: information we provide to you that is not public that we either indicate to you to be confidential or that you know or reasonably should assume to be confidential (for example by virtue of the information concerned or based on the circumstances under which the information is disclosed) and that is to be kept and treated in strictest confidence.

Employee: a person who performs work for one of the Parties, either based on an employment agreement or a contract for the performance of services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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

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

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - SCOPE

1. Applicability. The Terms and Conditions apply to and form an integral part of every (legal) act relating to the preparation, conclusion and performance of the Agreement or that otherwise relates to the Agreement. The Terms and Conditions also apply to every agreement resulting thereof and every following Agreements between the Parties, without us having to declare the Terms and Conditions applicable again.
2. Your terms do not apply. The applicability of any purchase- or other (general) terms and conditions of the Client is expressly excluded.
3. Ranking of documents. In case of any inconsistencies or conflicts between the Agreement and these Terms and Conditions, the provisions of the Agreement will prevail.

SECTION 14 - OFFERS

1. Free Offers. All our Offers are without obligation. An obligation for us to deliver the Product arises only upon the dispatch of the Products. We may decline to supply the Products without giving any reason and without any obligation to pay for any damages or losses.
2. Reimbursement of payment. In the unlikely event we decline to supply a Product that you have already paid for, we shall reimburse you the price you have paid within 30 days after declining your order.
3. Information in Offers. All models, pictures, drawings and measurements shown, provided or communicated, give a general representation of the Products only. Changes in the construction as a consequence of which the actual design somewhat deviates from the intended models, pictures, drawings or measurements, but do not cause an essential alteration of the Product, shall not oblige you to any compensation and shall not give you the right to refuse the Product.

SECTION 15 - PERFORMANCE

1. Information we need from you. You are required to provide us in time with any and all necessary (technical) information, decisions, requirements and/or other particulars that you deem necessary for the performance of the Agreement and the delivery of the Products. This includes, but is not limited to, any foreign law based requirements and particulars regarding the Products, such as the quality, installation and/or certification requirements. You guarantee us that any and all provided information is correct, complete and consistent.
2. Installation excluded. Under the Agreement, we are only required to provide you with our Products. Installation of the Product is not part of the Agreement.
3. Out of Product. If for any reason we are unable to supply a particular Product at all or during a specific period of time, we will inform you as soon as possible.
4. Third party engagement by us. We are entitled to engage third parties in the performance of the Agreement if we deem it necessary and to pass on any related costs to you. Third parties engaged by us may want to limit their liability. Pursuant to the Agreement, we are entitled to accept on your behalf any limitations of liability stipulated by these third parties and to enforce those also against you.
5. Third parties designated by you. We are not obliged to have work performed by third parties designated by you. Should we agree to do so – and for example use a carrier designated by you – you are fully liable and you indemnify us from any claims from such a third party and/or from any claims from other parties related to the work performed by that third party.

SECTION 16 - DURATION AND TERMINATION

1. Duration of periodical Delivery Agreements. The duration of the Agreement is laid down in the Agreement. If no duration is agreed upon, the Agreement is considered to be an open-ended Agreement until further notice.
2. Duration of Single Orders. The duration of Single Orders is restricted to the period of the delivery of the Products of that specific order only.
3. Cancellation of Single Orders. If you are a consumer, you have the right to cancel your order up to 30 days after the day following the delivery by contacting us using our Customer Support mail info@hctaps.com. We kindly refer you for further information about this topic on our website (“Right of Withdrawal for Consumers''). If the Products have already been dispatched at the date of receipt of your cancellation of the order, you must return the Products to us in accordance with Section 25- RETURN and we will credit your credit or debit card with the price of the Products within 30 days beginning with the day on which notice of cancellation was given. If you do not return the Products within 37 days of your cancellation, you will be deemed to have accepted the Products and your cancellation is considered to be void.
4. Termination. You may not terminate a fixed-term Agreement before the end of the term, without our previous approval, to which approval we may set terms and conditions. Open-ended Agreements may be terminated by each Party in whole or in part on a three-month’s written notice, without any liability towards the other Party due to early termination, unless otherwise agreed upon in the Agreement.
5. Specific grounds for suspension or termination. We are entitled, at our sole discretion, to either suspend or terminate (without any liability for early termination) the Agreement, regarding either periodical deliveries or single orders, if you are insolvent, or institutes (or there is instituted against it) proceedings against you in bankruptcy, insolvency, reorganization or dissolution, you make an assignment for the benefit of creditors, you become nationalized or any of your material assets are confiscated or expropriate.
6. Post-contractual obligations. Obligations that by their nature are intended to survive termination of the Agreement, remain in full force also after termination and apply to you as well as any of your legal successors.

SECTION 17 - PRICE

1. The price you pay. You pay Home Comfort Taps the price that is specified in the Agreement and/or any attachments thereto. All prices are in euros only.
2. Included and excluded. Our prices are VAT tax added. Furthermore, our prices are calculated based on an Ex Works delivery in accordance with Section DELIVERY (Transport). This means that you are responsible for transport or – should we provide transport in accordance with Section DELIVERY (Your address). – costs of transport and you are to pay all duties, taxes and other charges, as well as the costs of carrying out custom formalities payable upon export.
3. Price adjustment due to wrong information. A price that is fully or partially based on information that you have provided us and that information is fully or partially incorrect or inaccurate, we have the right to adjust the price, even after the Agreement has already been concluded or the Products have already been delivered.
4. Price adjustment due to mistakes. If by mistake, we have under- priced a Product, we will not be liable to supply that Product to you for the stated price, provided that we notify you before we dispatch the Product concerned.
5. Price adjustment due to increase in cost. We may pass on to you an increase in cost-determining factors that occurs after entering into the Agreement. You are obliged to pay the price increase immediately upon our first request. We shall notify you of any such increase.

SECTION 18 - PAYMENT

1. Payment in advance. All payments must be made in advance, unless explicitly agreed upon otherwise in writing between the Parties. As long as we have not received the full payment agreed upon or – if agreed upon otherwise – the agreed upon down payment, we are entitled to suspend our obligations under the Agreement temporarily.
2. How to pay. Payments can be made by any American Express, MasterCard, Visa credit card and Maestro debit cards as well as PayPal and bank transfer. Your credit-debit card details will be encrypted to minimize the possibility of unauthorized access.
3. Payment term. Without prejudice to Section PAYMENT (Payment in advance) the payment terms of our invoices is 14 days, without deduction or appeal to compensation. This means that you are not entitled to settle payment of the invoice with a (counter)claim against us, nor are you entitled to suspend payment of the invoice with reference to a (counter)claim against us, neither do any other objections of any other nature against the invoice suspend payment of that invoice.
4. Due without notice. Everything you owe us under the Agreement and all invoices becomes immediately due and payable, without notice necessary, if a payment term has been exceeded or if we cannot deliver a Product due to a reason that is for your risk and account under either the Agreement, the Terms and Conditions or applicable Dutch law.
5. Late payment. In the event of late payment, you owe us, in addition to the amount due:

• An interest of 2% of per month, or equal to the statutory interest if that is higher, on the amount due as of the due date up to and including the day on which you settle the entire amount due. For interest calculations a part of the month is considered to be a full month.
• A full reimbursement of both extrajudicial and judicial costs, including, but not limited to, attorney and/or lawyer fees and bailiff’ costs, with a minimum of € 250,–. The extrajudicial costs are calculated as 15% of the amount due plus interest in accordance with this Section PAYMENT (Late payment),
• but we may also claim the actual costs incurred if they are higher than 15%.
• If a judgment is rendered in a legal proceeding that is either fully or in most part in our favor, you will bear all costs incurred in connection with such proceedings.

SECTION 19 - DELIVERY

1. Delivery time. Unless otherwise agreed upon in writing, all delivery times specified in the Agreement or otherwise communicated between you and us serve solely as an indication and not as a fatal term. You are not entitled to any penalties, damages or other (financial) compensation due to failure to meet the delivery time.
2. Delivery specifics. Delivery of the Products takes place Ex Works (EXW, INCOTERMS 2020) at the location of the our warehouse in The Latvia (EXW, INCOTERMS 2020), currently Valmieras street 22-9, Riga LV 1009, The Latvia (“Place of Delivery”). Upon our notification that the Products are available and at your disposal you bear the risk of the Product, amongst others in terms of storage loading, transport and unloading. This is no different if we agree that we provide the transport for you. The Products remain at your risk and expense upon the aforementioned notification.
3. Transport. According to delivery Ex Works, all transport is for your risk and expense. If the Parties agree that we arrange the transport for you that does not alter the fact that the Products are and remain at your risk and expense upon notification of dispatch referred to in Section DELIVERY (Delivery specifics). We are not liable for any loss, damage or destruction of the Products.
4. Your address. Delivery of Products for which we provide transfer for you in accordance with Section OFFERS. is made to the address specified by you, either in the Agreement, in the order form or otherwise communicated by you to us. You are responsible for providing us with the right and full address and all further information necessary for delivery. We are not liable for any omissions in the specified address due to which we are unable to deliver the Products (properly). If you are not able to take delivery of the Products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redelivery the Products at your address. Where applicable we will charge you with any and all (extra) costs such as for transport and/or storage. Where under the Agreement or the Terms and Conditions the date of delivery at your address must be determined, the date on which we offered you the Product(s) for the first time is leading.

SECTION 20 - SECURITIES

1. Retention of title (1.-8.). We remain the full ownership of any and all Products you have purchased and we have delivered as long as you: (a)Have not fulfilled your obligations under the Agreement and these Terms and Conditions, meaning amongst others that the price, including any other additional costs for that specific Product and delivery, have been settled in full. (b)Claims arising from non-fulfillment of any or more Agreement(s), such as damage, penalties, interests and costs have not been settled.
2. Co-ownership. In addition to the retention of title referred to in Section SECURITIES 20- (Retention of title). and with regard to these Products, we will also acquire the (co-)ownership right as security for all outstanding amounts against you, as well as towards for the Products in respect of which we lose the ownership right due to fashioning, processing, accession, specification or otherwise.
3. Enforcement. As soon as you fail to fulfill one or more of your obligations towards us referred to in Section SECURITIES 20- (Retention of title) All amounts owed by you will become immediately due and fully payable and we will be entitled to exercise our rights arising from his retention of title, such without any notice of default or court intervention.
4. Additional prohibitions. Prior to the transmission of ownership referred to, you shall not be entitled to sell, deliver or otherwise alienate the items delivered in any manner other than in accordance with the normal operations and the normal use of the Products. This entitlement shall lapse at the moment a (provisional) moratorium is granted to you or you are declared bankrupt. You may in no event have the Products coming under the retention of title serve as security for amounts owed to third parties.
5. Access to Products. Prior to the transmission of ownership referred to, we shall have access to the items of which we have the ownership at any given time, wherever they are.
6. Penalty. Upon violation of the stipulations of this clause, you shall owe us a penalty of 10% of the amount owed at the time of the violation, without prejudice to claim the actual amount of damages exceeding the amount of penalty.
7. Subrogation. You may agree with a third party that the latter pays the purchase price for you and for that be subrogated to the amount owed to us. Upon payment by a third party who is subrogated to the amount owed to us, the retention of title as described in this clause shall not lapse. In the case of subrogation as referred to in this subsection, we shall deliver the retained ownership of the items for which the third party has paid the purchase price to the subrogated third party. From the time of subrogation, you will hold the items for the subrogated third party. Subrogation to the amount owed by a third party as referred to in this subsection and the transmission of the retained ownership to it does not affect the fact that you may call us to account for any failure to fulfill the agreements concluded between us.
8. Local law requirements for retention of title. In the event that your local laws and regulations set additional requirements necessary to create a legally binding retention of title you are obliged to inform us thereof immediately and you shall render us upon first request every assistance necessary in establishing such a legally binding retention of title. Such information is considered to be information we need from you as specified in Section PERFORMANCE 15- (Information we need from you).
9. Other securities. Besides retention of title we may require additional (financial) securities for payment at any time and at our sole discretion. Not complying with a reasonable request for (financial) securities forms a serious and attributable breach that justifies immediate termination of the Agreement, without any notice necessary and without effecting our remedies under the Agreement, these Terms and Conditions or under applicable Latvia law.

SECTION 21 - CONTRACT EXTRAS

1. Contract extras. Any changes in the Agreement, either at your request or due to other circumstances that make a different performance necessary, are considered to be contract extras if it results in a price increase. These Terms and Conditions also apply to those contract extras.
2. No ground for termination and further requirements. Contract extras do not constitute a ground for cancellation or termination, including the Latvian law based termination. If the contract extras are at your request, we are entitled to refuse that request or to set further requirements.
3. Delay in delivery. You accept that contract extras might result in delay of delivery. That is no different if a specific delivery time is agreed upon. You are not entitled to any (financial) compensation or penalty.
4. Payment of contract extras. We will calculate all contract extras on the basis of the price-determining factors that apply at the time the contract extras are performed. You must pay for the contract extras immediately upon our first request.

SECTION 22 - COMPLAINTS

1. Inspection. You must inspect and examine the Products within five (5) working days after delivery at the Place of Delivery, insofar as this is possible in the ordinary course of business. If we provide transport for you, inspection must take place within five (5) working days after delivery at the address specified in Section 19- DELIVERY (Your address).
2. Time limit for lodging a complaint. You lose the right to rely on a defect or a lack of conformity of the Products and we shall no longer be liable for a lack of conformity of defect of the Products, if you fail to notify us thereof, specifying the nature of the lack of conformity and defect in writing as thoroughly as possible and by using photo material, within another period of five (5) working days after you have, or ought to have, discovered such lack of conformity or defect after the initial inspection period according to Section 22- COMPLAINTS (Inspection). The same applies if such a lack of conformity or defect shows up later and you fail to notify us after discovery within a period of five (5) working days after you have, or ought to have, discovered such lack of conformity or defect. In both cases, the Products then are considered to be approved in view of this lack of conformity and/or defect.
3. Forfeiture of claims. In any event your rights resulting from a lack of conformity and/or defect of the Products shall be excluded upon the expiration of a period of twelve (12) months after delivery at the Place of Delivery or – where applicable – delivery at the address specified in Section 19- DELIVERY (Your address), unless this time-limit is inconsistent with a contractual period of guarantee, such as for example the Home Comfort Taps-warranty specified in Section 23- WARRANTIES (Home Comfort Taps warranty).
4. Invoice complaints. Complaints about our invoice must be submitted in writing, specified, and within the payment term of 14 days at any time, subject to forfeiture of all rights.

 

SECTION 23 - WARRANTIES

1. Warranty. We guarantee that our Products comply with the Agreement and the specifications in the Offer, all reasonable requirements of reliability and/or usability and compliance with any Latvian law and regulations that apply at the date the Agreement for that specific Product was formed. You can rely on this general warranty if the defect is discovered and communicated to us in accordance with Sections 22- COMPLAINTS (2. Time limit for lodging a complaint; 3. Forfeiture of claims) and we find the complaint well founded.
2. Home Comfort Taps warranty. Exceptional quality is one of the key factors contributing to the Home Comfort Taps Therefore we offer a longer warranty for specific (parts of) Products only for domestic use (not for commercial purposes, i.e. hotels, spas, and other related services, etc.):
3. We offer a 7-year warranty on our stainless steel taps and accessories. From the date on your invoice from Home Comfort Taps and only upon presentation of an original invoice. The Home Comfort Taps warranty explicitly does not include regular wear and tear and parts we offer as replacement parts, such as thermostatic or mixer cartridges, flow control cartridge, ceramic disks, o-rings, flow regulators, check valves, aerators, flexible hoses, etc.
4. Defects elimination time. You shall only be entitled to exercise any given warranty rights such as to avoid this Agreement, reduce the purchase price or request delivery of substitute Products because of a lack of conformity of the Products, only after you have requested us to rectify the defect within a reasonable period of time and we have failed to rectify the defect within such period or have refused to do so.
5. Excluded from any warranty. Any and all guarantees or warranties are terminated and may no longer be relied on if Products are not properly installed, maintained and used in accordance with our advice, instructions, manuals and/or cleaning advice. This includes, but is not limited to, neglect or abuse of Products, intentional damage, any and all damage caused during installation, damage due to poor maintenance, damage due to pollutions, poor water quality and/or calcification, damage by the use of detergents, damage by the adjusting the Product, damage by adding and/or editing the Products with other products than Products of Home Comfort Taps, damage due to removing Products from their original installed location, damage due to Products being altered by a third party, unless you are able to prove that the alteration did not cause the defect, and damage due to weather conditions (frost, moss, heat, etc.).
6. Specifics of warranty with use of natural materials. (Most of) Our Products are made of natural materials that have their own characteristics, that lead to the following criteria, conditions and specifics for warranty must be taken into account: 

(a)Due to the natural characteristic of natural materials and our finishings, color differences may occur. For example the PVD colors applied on stainless steel may vary in color between components and Products and may also change or defuse over time.

(b) Our warranties do not cover color differences or any differences between samples and delivered Products. Where we give you a warranty for material defects we are not liable for the availability of the same color of those materials or for any color diff If the color is no longer available and we determine that a satisfactory repair cannot be made, warranty and liability is limited to the cash value of the specific (part of the) Product, based on current square meter prices.

(c) Our warranties do not cover natural characteristics part and parcel of the use of natural materials such as color variation, water lines, surface marks, pinholes, resin imperfections (i.e. haze or dimple), natural aging.

(d)Our warranties do not cover scratches and/or stains that are a natural characteristic of our brushed stainless steel surface, from regular wear and tear. We believe such scratches and/or stains only contribute to the raw character of our product surfaces.

7.Replacements. Any repair or replacements of (parts of) Products during the warranty period does not effect the starting date of the warranty period nor results in the warranty period starting new.

8.You warrant and represent that:

(a)You have sufficient financial capacity for each order placed, for which we may require sufficient securities as referred to in Sections  20- SECURITIES.

(b)The Products and packaging are in conformity with any applicable non-Latvian regulations of the market(s) where the Products are delivered and distributed, and you indemnify us for any and all claims by third parties, including related costs and damages, in respect thereof.

 

SECTION 24 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Home Comfort Taps, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 25 - RETURN

1. Products that may be returned. Products may only be returned in case of: (a)A cancellation in accordance with Section 16- DURATION AND TERMINATION (Cancellation of Single Orders); (b)Products that are not defective but do not match the order placed in other aspects (i.e. a wrong Product is delivered). Any and all returns, for whatever reasons, must be in accordance with this Section 25- RETURN.
2. Period of return. Returns should be done within 30 days from the date of delivery at the Place of Delivery or delivery at the address specified in Section 36- CONTACT INFORMATION, unless a different term for return arises from the Agreement, the Terms and Conditions or applicable Latvian law.
3. Previous approval. For any return of Products previous approval of Home Comfort Taps from info@hctaps.com mail is necessary and obligatory, by absence of which we are not able to process your return and the Products remain for you risk and expense.
4. Return -your risk and expense. Return of the Products is for your own risk and expense up until we have received the Products. We are not responsible for returned Products we have not received.
5. No return in case of defect. If you receive Products that you believe to be defective or damaged, please notify (without prejudice to Section 22- COMPLAINTS.) Customer Support via e-mail info@hctaps.com and include a detailed description of the defect or damage, the invoice number, the Product codes and clear photos supporting your claim. If we consider the claim to be justified we provide the remedy that we at our own discretion find suitable, either by way of sending you a new Product or by reimbursing you fully or in part. Defective or damaged Products cannot be returned but must be destroyed at your risk and expense or kept by you. We strongly advise you not to destroy the Products until we have been able to sufficiently asses or – if found justified by us – settle your claim. Premature destruction that prevents us from adequately assessing your claim gives us no choice but to reject your claim and is therefore for your own risk and expense.

SECTION 26 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Home Comfort Taps and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 27 - CONFIDENTIALITY

1. Confidential Information. You shall maintain secret and confidential any and all Confidential Information, such as, but not limited to designs or designer information, any information regarding provided discounts or settlements of claims, photo or video materials, sensitive corporate information, etc. You will not use that information for any purpose other than for the performance of the Agreement or the use of the Products. You are not allowed to disclose or reproduce the Confidential Information.
2. Obligation to impose on others. You are obliged to impose the confidentiality obligations in this Section on your employees, agents (sub)distributors, (sub)contractors or any other third parties engaged by you in the performance of the Agreement or the Products as well.
3. Survival of termination. The obligation of confidentiality services any termination of the Agreement for as long as we can reasonably claim the confidential character of the information concerned.
4. Obligation to return or destroy. Upon either termination of the Agreement and/or an Order or if so requested by us, you must return or destroy all Confidential Information.
5. Penalty. In case of any violation of this Section 25- RETURN you shall immediately and without the need for a notice of default, owe us a contractual fine of € 10.000,– per day/for every day this violation continues. The total amount of the fine is set to a maximum of € 500.000. In any case the actual damages exceed the amount of the fine, we may elect to demand payment of actual damages instead.

SECTION 28 - SEVERABILITY

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

SECTION 29 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 30 - ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 31 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Latvia.

SECTION 32 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 33 - INTELLECTUAL PROPERTY RIGHTS (IP-rights)

The Website consists of and contains materials protected by our Intellectual property. The copying, making public, and/or modifying any (part of) the Website requires our previous written consent.

1. All rights remain with Home Comfort Taps. Any and all Intellectual property rights remain with us at any time. The same applies to all our business properties and other Home Comfort Taps owned materials in the broadest sense and any rights related arising thereof, whether intellectual property rights or other rights, such as its corporate identity, social media account(s). Neither the Agreement nor these Terms and Conditions constitute any legal basis for any transfer to you of intellectual property rights, business properties or other Home Comfort Taps owned materials.
2. No infringement. You shall not take any actions that might infringe any intellectual property rights of Home Comfort Taps and its This includes, but is not limited to, a prohibition to fully or partially disclose or reproduce those rights without our previous written permission. You understand and accept that any unauthorized use violates both the Agreement and applicable laws and regulation.
3. Third party claims. We are not liable for any claims for damages that you suffer as a result of an infringement of third-party intellectual property rights. You indemnify us against any third-party claims related to an infringement of such intellectual property rights.

 SECTION 34 - LIABILITY

1. Usage is your responsibility. We will do our best to perform our duties under the Agreement with all due diligence and expedition. We cannot exert any influence however on the eventual usage that is made of the Products or installation, for which only you and/or the installer are responsible.
2. Limitation of liability. Our total liability in the broadest sense, including but not limited to any liability for damages, loss, penalties or any other financial claim made by you is limited to direct damages only and per incident or a series of connected incidents to the price of the specific Product or – if it concerns several Products – the specific Single Order concerned, with a maximum of € 25.000,00.
3. Definition of direct damages. Direct damages include only the reasonable costs to determine the cause and the amount of the damages, any reasonable costs to repair the Products or our defective performance and any reasonable expenses incurred to prevent or limit the loss, provided that you are able to prove that those expenses have actually led to a limitation of loss
4. Excluded damages and losses. Liability for indirect and/or consequential damages or loss in whatever form, damages due to delay, resulting loss, loss of profit, loss of savings, reduced goodwill, loss due to business interruption, loss as a result of claims by your customers or damages as a result of information or advices given by you of which the content does not explicitly form part of a written agreement, is excluded.
5. Third party claims. You shall indemnify us from any and all liability and costs including reasonable attorney’s and/or legal fees, with respect to any suit, claim, or other legal actions made or initiated by a third party, including product liability claims, that involve any of our obligations under this Agreement, either the Periodical Delivery Agreement and/or Single Orders.
6. No limitation of liability. This limitation of liability does not apply in case of our willful misconduct or gross negligence.

SECTION 25 - FORCE MAJEURE

1. Situations of force majeure. We cannot be held liable to perform our obligations under the Agreement in case of force majeure. A force majeure is considered to be any cause or circumstance that is beyond our reasonable control, including without limitation earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other such circumstances beyond our reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of this Agreement.
2. Termination due to force majeure. In the event a situation of force majeure should last more than sixty (60) days we are both entitled to terminate the Agreement or the Order in writing, in full or in part, unless it is foreseeable that the force majeure situation will be solved within a reasonable period of time. Any performance already delivered under the Agreement will be settled pro rata, without any of us being indebted to the other in any other way.
3. CoronaVirus. The Parties acknowledge and agree that the virus/disease referred to as ‘coronavirus’ and/or ‘COVID-19’ (“Coronavirus”) is spreading at an accelerating rate and that (governmental) measures – such as but not limited to quarantines and/or lockdowns of companies, factories, cities and even countries – might be taken or decided upon, which might affect delivery of the Products. Since this is a foreseen circumstance, the Parties agree that Supplier cannot be held liable in any way for any delays in delivery of the Products due to and/or in any way related to the Coronavirus, nor does it provide any basis for termination of the Agreement and/or any Order(s). If however the Supplier is unable to deliver the Products for a continuous period of 60 days, either Party may terminate the specific Order(s) concerned, in whole or in Part, without any penalty or liability for the Party rightfully exercising that termination and without affecting the validity of this Agreement or any other provisions in it, which shall remain in full force.

SECTION 36 - CONTACT INFORMATION

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

Our contact information is posted below:

Home Comfort Taps

info@hctaps.com

Valmieras street 22-9, Riga, Latvia LV1009

Last updated: 03.09.2022.