This website located at www.therules.co (the “Website”) is owned and operated by Superhuman Limited (Europe) and its affiliates (collectively “Superhuman” or “we”). These Terms of Use and Conditions for Sale, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Superhuman, and governs your access to and use of any Superhuman Website, any order you place through an Superhuman website and your use or attempted use of our products and services (collectively, “Your Use”). By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Eligibility

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.

User-Generated Content

Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Superhuman a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Superhuman and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Superhuman is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Superhuman has the right, but not the obligation, to monitor and edit or remove any activity or content. Superhuman takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

(b) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;

(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) not to use, frame, or utilize framing techniques to enclose any Superhuman trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Superhuman’ express written consent;

(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.

(f) not to use meta tags or any other “hidden text” utilizing the Superhuman name, trademark, or product name without Superhuman’ express written consent;

(g) not to deeplink to the Website without Superhuman’ express written consent;

(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

(i) not use the Website to collect or store personal data about others;

(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

(l) to be bound by the product submission policies of Superhuman, including that any product submission you may make to Superhuman will not be held in confidence by Superhuman and is not proprietary, that Superhuman may use the product submission and any aspect thereof for any purposes in Superhuman’ sole discretion; and

(m) to comply with all applicable laws regarding your use of the Website.

Automatic Renewal Terms

If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program or subscription will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CANCELLING YOUR SUBSCRIPTION ON OUR WEBSITE, OR BY CONTACTING CUSTOMER SERVICES. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by calling a customer service representative or by updating your information in your account.

Placing Your Order

To place an order you must be 18 years of age or over and have a valid email address.

You may place an order by filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button.

Superhuman will not accept orders placed in any way other than those listed above.

When you place your order, Superhuman will issue you with a Web Order Number. Please note that such a Web Order Number is for reference purposes only and does not constitute our acceptance of your order.

By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Superhuman may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.

If Superhuman accepts your order, we will notify you of our acceptance by issuing an order confirmation. We will send your order confirmation to you by e-mail. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will attempt to contact you by email.

Please note that the on-screen display of the colours, designs, products may differ from the actual appearance or size of products offered on the Website.

Supply of Your Products

Subject to these terms and conditions, Superhuman will supply to you the Products indicated on your order confirmation.

Prices

All prices are in Euro. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are inclusive of VAT where applicable but may be exclusive of shipping costs, which are for your account. These costs will be calculated separately as applicable on the order form and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including shipping.

If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.

Delivery costs, where applicable, are payable by you as indicated on your order confirmation.

Paying for Your Products

You may pay for your Products by the methods of payment as may be displayed at the Website checkout.

You must pay in the currency as indicated on your invoice.

If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your Order. Superhuman will not supply the Products to you nor perform the services until your credit or debit card issuer has authorised the use of your card for payment of the Products and/or services ordered. If Superhuman does not receive such authorisation we shall inform you accordingly. Superhuman reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.

Delivery of Your Products

Superhuman will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Superhuman are best estimates only and Superhuman shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event that any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail or post but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by Superhuman.

Title to and risk of loss of your Products will pass to you on delivery of the Products.

Upon delivery of the Products to the carrier Superhuman will send you a confirmation of shipment to the email you have indicated on the order form.

Product Representations

Superhuman reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. Superhuman takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Superhuman does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy. Superhuman’ descriptions of, or references to, products not owned by Superhuman do not imply endorsement of that product, or constitute a warranty by Superhuman.

Exchanges, Returns and Refunds

You may return the Product to Superhuman or cancel the entitlement to services and obtain a refund of the price of the returned Product provided that you contact us within seven (7) working days from the day after the goods are delivered.

Although you will have to pay the cost of returns, the refund will include the full value of both the product and the outbound shipping costs.

If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at Superhuman’s request be returned with the product purchased. Superhuman reserves the right to raise an invoice in respect of any free or discounted bundles product not so returned.

If a Product was shipped in error, is incomplete or faulty and you believe that you are entitled to a replacement, please contact our customer support.

If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service to us for a refund, provided:

·      You inform Superhuman within seven (7) working days from the day after the goods are delivered; and

·      You have proof of purchase (i.e. order number / identification)

Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.

Steps to Follow to Claim a Refund:

·      Cancellation can be exercised in writing or any other durable medium, either by emailing us at sales@therules.co or by writing to Superhuman Ltd., Customer Service, Celovška cesta 291, 1000 Ljubljana, Slovenia, EU.

·      before returning any Product(s) it is helpful if you check that you have:

o   Used appropriate packaging;

o   Clearly displayed the returns address;

o   Sealed the packaging securely.

o   Clearly identified yourself as the sender

·      Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion.

Warranty

Superhuman or RULES – branded Product Warranty

Superhuman warrants the Products as stated on the Web Site. Specific warranties may apply to certain Products (such as customised Products) as specified on the Website. Should the Product supplied by Superhuman not comply with the applicable warranty we shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law Superhuman hereby disclaims any and all warrants, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.

Non Superhuman – branded / Third-party Products

For non Superhuman branded Products, all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to Superhuman by phone.

IF YOU ARE A CONSUMER, THE WARRANTS REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.

Superhuman Liability

These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of any Services.

There are no warranties, conditions or other terms that are binding on Superhuman regarding the supply of Products except as expressly stated in the contract, particularly in the next paragraph.

Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Superhuman will not be responsible for ensuring that the Products are suitable for your purposes.

Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

SUBJECT TO THE ABOVE PARAGRAPH Superhuman WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. Superhuman MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN TOR (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO Superhuman IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.

This does not affect your statutory rights as a consumer, nor your right to return the Products.

Health Disclaimer Regarding Information Provided on the Website

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY SUPERHUMAN PRODUCT.

Disclaimer of Warranties With Respect to Use of the Website

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERHUMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUPERHUMAN DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. SUPERHUMAN MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPERHUMAN OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Data Protection

Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

By placing your order, you agreed and understand that Superhuman may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the Superhuman Privacy Policy . If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Superhuman please follow the update procedure set forth in the Privacy Policy.

Circumstances beyond reasonable control

Superhuman will make every effort to perform its obligations under the contract. However, it cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

Disagreements Governing Law and Jurisdiction

Superhuman will try to solve any disagreements quickly and efficiently. If you are not happy with the way it deals with any disagreement and you want to take court proceedings, you must do so within the courts of the Republic of Slovenia. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.

Trademark Notices

SUPERHUMAN® is a trademark of Superhuman Limited. All other trademarks and service marks displayed on the Website are the property of Superhuman or their respective owners. You may not use or display any trademarks or service marks owned by Superhuman without Superhuman’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.

General

Neither Superhuman failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such a term.

The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

Contact Us Questions about this Terms of Use should be sent to us at support@therules.co