Terms and Conditions

Introduction

Please read these terms and conditions (“agreement” or “terms of use”) carefully before using the website and services offered by powering kids learning. This agreement sets forth the legally binding terms and conditions for your use of the website at www.pooweringkidslearning.com. (THE “SITE”) AND ALL SERVICES PROVIDED BY pooweringkidslearning.com through www.gabrielsseeds.eu. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement. This Agreement applies to all users of the Site, including without limitation users who are customers, merchants, contributors of content, information and other materials or services on the Site.

This is an ecommerce site that sales digital products (extras) through gabrielsseeds.eu. Powering Kids Learning may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

Privacy

Your use of Powering Kids Learning is subject to its Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Powering Kids Learning or sending emails to Powering Kids Learning constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, if and when we make the provision for the same and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Powering Kids Learning is not responsible for third party access to your account that results from theft or misappropriation of your account. Powering Kids Learning and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Powering Kids Learning does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use Powering Kids Learning only with permission of a parent or guardian.

Description of Products

Every care is taken to ensure that the description, specification and pricing of all products shown on our website and in our catalogues are correct. The product information and specification provided is not binding, but is carefully considered and intended to give a general description of each product.

While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.

Powering Kids Learning will act immediately to correct any error identified and are under no legal obligation to honour a price displayed in error

Price and Payment

  1. a) The price of the products will be the price quoted in the Website at the time we accept your order. The price will include any applicable Value Added Tax (at the prevailing standard rate), but not the cost of delivery.
  2. b) In addition to the price, you will have to pay our delivery charges as quoted in the Website at the time we accept your order – unless you qualify for free delivery. The amount of these charges varies according to the country of the delivery address you specify in your order.
  3. c) You are responsible for any Import Duty or Taxes together with any advancement fees or administration charges levied by the carrier that may fall due and payable to the carriers, authorities, governments or agents in the Country of final destination.
  4. d) Payment is taken by our preferred electronic payment provider, at the time we accept your order. The credit / debit cards and PayPal we accept are listed in the Website at the time you place your order. Refunds will generally be made by means of a credit to your electronic payment account.

Payment Method

Powering Kids Learning accepts most major credit cards including MasterCard, Visa, Delta, Maestro, Solo and American Express. We also accept payment via PayPal. All prices displayed are inclusive of Croatia sales tax (VAT) at the current rate

Ordering

  • When placing an order, you agree that all details you provide to pooweringkidslearning.com for the purpose of purchasing goods are accurate and complete in all respects.
    • Your contract for purchases is with pooweringkidslearning.com and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
    • All orders are subject to product availability and acceptance by Powering Kids Learning.
    • The price and availability of goods are subject to change without notice.
    • By placing an order via this website, you are making an offer to Powering Kids Learning to purchase the goods detailed in your order upon the terms described, at which point your payment card or PayPal account will be pre-authorised.
    • You certify that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered.
    • No charge will be applied to credit/debit cards or PayPal accounts until the point of despatch; therefore no contract for the sale of any product will exist between you and Powering Kids Learning until we accept your order by dispatching your order.
    • If any product from your order is unavailable, we will contact you by email, then attempt to fulfill your order from store and confirm details of any cancellation made where fulfillment has not been possible.
    • We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact our Customer Services team on +385 98 452 246.
    • It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will have their details passed onto the Police.Powering Kids Learning reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:• You fail to make payment to us when due.
    • You breach any of our terms and conditions.
    • If requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
    • We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.poweringkidslearning.com

Intellectual Property

The URLs representing the Powering Kids Learning Website(s), “Powering Kids Learning,” and all related logos of our Services described on our Website are either copyrighted by Powering Kids Learning, trademarks or registered trademarks of Powering Kids Learning or its licensors. In addition, all page headers, custom graphics, design, button icons, scripts and source code are copyrighted by Powering Kids Learning. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All right, title and interest in and to the Website and any content thereon is the exclusive property of Powering Kids Learning and its licensors.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Powering Kids Learning strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Powering Kids Learning that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Powering Kids Learning or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Powering Kids Learning content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. The protected contents can be used solely for personal and employees use and will make no other use of the content without the express written permission of Powering Kids Learning and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Powering Kids Learning or our licensors except as expressly authorized by these Terms. Use is at your own sole risk.

We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our Site, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our Site, and related tools, services and functions. We are not responsible for any loss, injury or damage of any nature that takes place due to your following of any Photoshop related or other educational or informative instructions you are exposed to via our Site or service.

User Comments and Feedback

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 are 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.

International Users

 

The Service is controlled, operated and administered by Powering Kids Learning from our offices within Croatia If you access the Service from a location outside Croatia, you are responsible for compliance with all local laws. You agree that you will not use the Powering Kids Learning Content accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Warranties

Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. Powering Kids Learning assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, POWERING KIDS LEARNING, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Powering Kids Learning makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Powering Kids Learning cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Powering Kids Learning cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. Powering Kids Learning cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Powering Kids Learning does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

Limitation of Liability

POWERING KIDS LEARNING ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH POWERING KIDS LEARNING IS TO DISCONTINUE YOUR USE OF THE SITE. POWERING KIDS LEARNING, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF POWERING KIDS LEARNING HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, POWERING KIDS LEARNING’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination / Access Restriction

Powering Kids Learning reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify, defend, and hold harmless each of Powering Kids Learning its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Croatia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Zagreb, Croatia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.