Terms of service
OVERVIEW
Welcome to the HORBER store! The terms "we", "us", "our", and similar refer to HORBER. We operate this website, including all related data, content, features, tools, products, and services, to provide you with a personalized shopping experience (the "Services"). The store operates on the Shopify platform.
The following terms and conditions, as well as any policies referenced in this document (the "Terms of Service" or "Terms"), outline your rights and responsibilities when using the Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, as well as disclaimers of warranties and limitations of liability.
By visiting our website, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the Terms or the Privacy Policy, please do not use our Services.
SECTION 1. ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you have reached the age of majority and that you consent to the use of the Services by your minor dependents on devices that you own, use, or control.
To use the Services—including accessing our online store, browsing its content, and purchasing any products or services—you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or share your account with others.
SECTION 2. OUR PRODUCTS
We have made every effort to ensure the accurate representation of products and services in our online store. However, please note that actual colors, materials, and overall appearance may differ from how they are displayed on your device's screen (depending on device type, settings, and configuration).
Because we specialize in vintage watches, products may show natural signs of age and prior use, which are not considered defects. Please also note that power cells (batteries) installed in the watches have a limited lifespan, and their replacement is not covered by the warranty.
We do not guarantee that the appearance, quality, or functionality of any product or service you purchase will meet your expectations or perfectly match how it is depicted or visualized on our site.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3. ORDERS
By placing an order, you are submitting an offer to purchase. HORBER reserves the right to accept or decline your order for any reason at its sole discretion. Your order is considered accepted only when HORBER confirms it. We must receive and process your payment before an order is accepted. Please review your order carefully before submission, as HORBER may not be able to accommodate cancellation requests once the order is accepted. If we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting the email or phone number provided at checkout.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy.
You represent and warrant that you are purchasing products solely for personal or household use and not for commercial resale or export.
SECTION 4. PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price applied to a product or service is determined at the time the order is placed and is stated in the order confirmation email. Unless explicitly stated otherwise, the prices shown do not include taxes, shipping and handling costs, customs fees, or import duties. All such fees and taxes are the sole responsibility of the customer.
Prices on our online store may differ from prices in other sales channels or from third parties controlling us. Occasionally, we may run promotions that alter pricing terms; if promotional terms conflict with these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account details, email address, credit card numbers, and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment card information you supply is true, accurate, and complete; (ii) you are authorized to use the card for the purchase; (iii) your card issuer will honor the charges; and (iv) you will pay the charges at the posted prices, including shipping, handling, and all applicable taxes (if any).
SECTION 5. SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All stated delivery times are estimates and are not guaranteed. We are also not liable for delays caused by carriers, customs procedures, or other circumstances beyond our control. The risk of loss transfers to you once the item is handed over to the carrier; however, to protect your interests, we insure all shipments for their full value in accordance with our Shipping Policy.
SECTION 6. INTELLECTUAL PROPERTY
Our Services—including trademarks, brands, text materials, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement—are the property of HORBER, its affiliates, or licensors, and are protected by Ukrainian and international patent, copyright, and intellectual property laws.
These Terms grant you the right to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any materials hosted on the Services without our prior written consent. Unless expressly stated otherwise, nothing in these Terms grants you a license or right to any patents, trademarks, copyrights, or other intellectual property rights of HORBER, Shopify, or third parties. Unauthorized use of the Services may violate the law. All rights not expressly granted to you by these Terms are reserved by HORBER.
HORBER’s names, logos, product and service names, design elements, and slogans are trademarks of HORBER, its affiliates, or licensors. You may not use such trademarks without our prior written consent. Shopify's names, logos, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, design elements, and slogans featured on the Services belong to their respective owners.
SECTION 7. OPTIONAL TOOLS
Within the Services, you may be provided access to third-party tools over which we have no control, supervision, or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties on our part. We assume no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk, 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).
In the future, we may offer new features within the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms.
SECTION 8. THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you may visit.
If you decide to leave the Services and access such third-party materials or websites, you do so entirely at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content available on such third-party websites. Please review the third-party's policies and practices carefully before engaging in any transaction.
SECTION 9. RELATIONSHIP WITH SHOPIFY
HORBER operates on the Shopify platform, which allows us to provide these Services to you. However, any sales or purchases you make in our store are made directly with HORBER. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the sales agreements between you and HORBER, including any damages, losses, or claims that may arise from your purchase of products and services. You expressly release Shopify and its affiliates from any claims, compensations, or obligations arising in connection with your purchases or transactions with HORBER.
SECTION 10. PRIVACY POLICY
All personal data we collect within the Services is processed in accordance with our Privacy Policy. The processing of certain personal data may be governed by Shopify's privacy policy, available via the respective link. By using the Services, you confirm that you have read these policies.
Because the Services are hosted on the Shopify platform, Shopify may collect and process personal data related to your access and use of the Services, and may transfer it to third parties located in other countries. Please review our Privacy Policy for details on how we, Shopify, and our partners use your data.
SECTION 11. USER FEEDBACK
If you send, upload, post, or otherwise transmit any ideas, recommendations, feedback, reviews, proposals, plans, or other content (collectively, "Feedback Materials"), you grant us a perpetual, worldwide, sub-licensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Materials in any media and for any purpose, including commercial use.
You also represent and warrant that (i) you own the Materials or have all necessary rights to them, (ii) you have disclosed any compensation or incentives received in connection with their submission, and (iii) your Materials comply with these Terms. We are under no obligation to (1) maintain any Materials in confidence, (2) pay compensation for any Materials, or (3) respond to any Materials.
We may (but have no obligation to) monitor, edit, or remove Materials that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or that violate any party’s intellectual property rights or these Terms.
You confirm that your Materials will not violate any right of any third party (including copyright, trademark, privacy, personality, or other personal/proprietary rights). You further confirm that your Materials will not contain libelous or otherwise unlawful information, misleading content, computer viruses, or other malware. You are solely responsible for the accuracy of your Materials. We take no responsibility and assume no liability for any Materials posted by you or any third party.
SECTION 12. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, shipping times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate (including after you have submitted your order) at any time without prior notice. In particular, we reserve the right to cancel an order if a technical error in the product's price is discovered.
SECTION 13. PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not use the Services, directly or indirectly, to: a) engage in any unlawful or harmful activities; b) violate international, federal, or local laws, rules, or regulations; c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; d) harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other individuals; e) submit false or misleading information; f) upload, download, use, or reuse any material that does not comply with these Terms; g) transmit promotional materials, "junk mail," "chain letters," spam, or any other similar form of solicitation; h) impersonate or attempt to impersonate another person or entity; i) engage in any conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm HORBER, Shopify, or users of the Services.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services for your own benefit; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape without permission; (e) interfere with or circumvent the security features of the Services, any related website, or the Internet.
The HORBER store does not sell products or provide Services to individuals located in Russia and Belarus. We reserve the right to suspend, disable, or delete your account at any time and without prior notice if we determine that you have violated any provision of these Terms.
SECTION 14. TERMINATION
We reserve the right to unilaterally terminate this agreement and limit your access to the Services (or any part thereof) at any time without prior notice; in such cases, you will remain liable for all amounts due up to and including the date of termination.
Upon termination, the provisions of the following sections shall survive: "Intellectual Property," "User Feedback," "Termination," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Severability," "Waiver and Entire Agreement," "Assignment," "Governing Law," and "Privacy Policy," as well as any other provisions that by their nature should survive termination.
SECTION 15. DISCLAIMER OF WARRANTIES
Information available through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials.
Unless expressly stated otherwise by HORBER (specifically regarding the 6-month limited movement warranty outlined in our Refund Policy), the Services and all products delivered to you are provided "as is" and "as available" without any representation, warranties, or conditions of any kind (either express or implied), including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of our Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion or limitation of warranties, so this specific portion may not apply to you.
SECTION 16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances shall HORBER's partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, 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) arising from your use of the Services or any product purchased through the Services—whether based in contract, tort, strict liability, or otherwise—even if we have been advised of the possibility of such damages.
SECTION 17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the HORBER online store, the Shopify platform, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim, liability, 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;
- your violation of Ukrainian law or the rights of a third party;
- your access to or use of the Services.
We will notify you of any claim that may require indemnification, though failure to notify promptly does not relieve you of your obligations unless the delay has materially prejudiced your defense.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate fully as reasonably required in the defense of any such claim, including providing necessary documents.
SECTION 18. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable under applicable Ukrainian law, such provision shall nonetheless be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19. LEGAL DISCLAIMER AND PLACE OF PERFORMANCE
The HORBER online store is a business entity registered in Ukraine (Individual Entrepreneur [FOP] Horban V.V.) and operates strictly in accordance with Ukrainian legislation. All sales agreements are considered concluded within the territory of Ukraine. All legal relations between the buyer and the store are governed by current Ukrainian law, specifically the Law of Ukraine "On Protection of Consumer Rights", the Civil Code of Ukraine, and other regulations concerning retail trade and e-commerce. The placement of information on the HORBER website does not constitute a public offer as defined by Article 641 of the Civil Code of Ukraine. By placing an order, you confirm your agreement with the conditions of sale, store policies, and the provisions of this document.
To optimize delivery times, we utilize third-party logistics services (cargo processing and transit points) in Poland. These hubs are used exclusively for technical purposes: temporary storage, assembly, and receiving items for service. The existence of such a logistics hub in the EU does not create a tax presence for HORBER under EU tax law. All tax and customs obligations that may arise upon receiving the goods are the sole responsibility of the buyer. All legal matters are handled in accordance with Ukrainian law within the jurisdiction of Individual Entrepreneur (FOP) Horban Vladyslav Viacheslavovych.
SECTION 20. WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms 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 Services constitute the entire agreement and understanding between you and us, governing your use of the Services, and superseding any prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21. ASSIGNMENT
You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempt to do so without consent shall be void. We, however, reserve the right to assign or delegate these Terms, as well as any of our rights and obligations, without your consent or prior notice.
SECTION 22. GOVERNING LAW AND JURISDICTION
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 Ukraine. All disputes arising in connection with the performance or interpretation of these Terms shall be subject to the exclusive jurisdiction of the courts of Ukraine at the location of the main office of the "HORBER" store, unless otherwise mandated by law.
SECTION 23. HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 24. CHANGES TO TERMS OF SERVICE
The most current version of the Terms of Service is always available on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable Ukrainian law, and such changes will take effect from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25. CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us by email at: info@horber-watch.com.
Company Details:
- Trading Name: HORBER
- Email: info@horber-watch.com
- Company Address: Pohulianka St 22B, Lviv, Lviv Oblast, Lviv, 79007, Ukraine
- Tax ID: 3563513210