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 site 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.
By visiting our site 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, without limitation.
These Terms provide that all disputes between you and Hyperstech will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 12 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with Hyperstech.
This website is governed by laws of Estonia.
1. Eligibility
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Purchases; Additional Terms And Conditions
Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.
3. Using The Site
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms.
4. Prohibited Conduct
By using the site you agree not to.
4.1 Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
4.2 Conduct activities that may be harmful to others or that could damage Hyperstech‘s reputation;
4.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
4.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
4.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
4.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other Hyperstech account without permission, or falsifying your age or date of birth;
4.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
4.8 Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
4.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
4.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent Hyperstech makes available the means for embedding any part of the Site or the User Content;
4.11 Access, tamper with, or use non-public areas of the Site, Hyperstech’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Hyperstech’s providers;
4.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
4.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
4.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
5. Privacy Policy
Please read the Hyperstech Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Hyperstech Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
6. Modification Of These Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
7. Ownership; Proprietary Rights
The Site is owned and operated by Hyperstech. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Hyperstech are protected by intellectual property and other laws. All Materials contained in the Site are the property of Hyperstech and its third-party licensors. Except as expressly authorized by Hyperstech, you may not make use of the Materials. Hyperstech reserves all rights to the Materials not granted expressly in these Terms.
8. Indemnity
You are responsible for your access to the Site. You will defend and indemnify Hyperstech and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Hyperstech Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
9. Disclaimers; No Warranties.
The site, and all materials and user content available through the site, are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The Hyperstech entities disclaim all warranties of any kind, whether express or implied, relating to the site, and all materials and user content available through the site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The Hyperstech entities do not warrant that the site or any portion of the site, or any materials or user content offered through the site, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the site, or any materials or user content available through the site, will create any warranty regarding any of the Hyperstech entities or the site that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the site, and any materials or user content available through the site. You understand and agree that you use the site at your own discretion and risk, and that you are solely responsible for any personal injury, death, damage to your property or third party property, or the loss of data that results from your use of or inability to use the site.
Notwithstanding the foregoing, Hyperstech does not disclaim any warranty or other right that Hyperstech is prohibited from disclaiming under applicable law.
10. Limitation Of Liability
In no event will the Hyperstech entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site, or any materials, or user content available through the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Hyperstech entity has been informed of the possibility of damage.
Except as provided in section 17.4(iii), the aggregate liability of the Hyperstech entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the site or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 14 will apply even if any limited remedy fails of its essential purpose.
11. General
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Hyperstech, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and Hyperstech regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.
12. Dispute Resolution And Arbitration
12.1 Generally: In the interest of resolving disputes between you and Hyperstech in the most expedient and cost effective manner, you and Hyperstech agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Hyperstech ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12.2 No Class Actions: YOU AND Hyperstech AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING . Further, unless both you and Hyperstech agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Consent To Electronic Communications
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14. Refund & Return
Thank you for shopping at Hyperstech.com. If you are not entirely satisfied with your purchase, we’re here to help.
14.1 Returns: You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Return address: Valukoja 22 11415 Tallinn Estonia.
14.2 Refunds: Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
14.3 Guarantees For Faulty Goods: Free of charge, 2-year guarantee for all goods purchased within the EU. You always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order. If goods you bought anywhere in the EU(In this case, the 28 EU member states + Iceland, Liechtenstein and Norway) turn out to be faulty or do not look or work as advertised, we will repair or replace them free of charge or give you a price reduction or a full refund. You can usually only ask for a partial or full refund when it is not possible to repair or replace the goods.
15. Shipping & Delivery
This shipping and delivery policy (“Shipping and Delivery Policy”) covers the shipment and delivery of any items you purchase from Hyperstech.com.
This Shipping and Delivery Policy is subject to the Terms of Use for the Hyperstech.com website on which you made your purchase.
15.1 Shipping Provider: We ship out all orders placed on Hyperstech.com via our dedicated third partner logistic, shipping methods are chosen to optimize shipping time, security and delivery.
15.2 Shipping & Tracking: We ship out orders in 24hours, except weekends and holidays. However, we need to wait for the carrier to provide the tracking number, it may take up to 3 working days for your tracking number to be sent to you, this feedback loop delay does not affect the overall delivery time.
15.3 Shipping Costs: We offer Free Shipping for all orders, if you prefer a faster shipping method, you need to pay extra shipping fee; shipping costs for your order are non-refundable.
15.4 Timeframes for delivery: All orders will deliver within 7-30 working days. 95% of orders are delivered within 15 working days. We choose International Express shipping lines whenever available to your location. Please be aware, the date of delivery for your order may vary due to carrier holidays, last mile delivery at the local post, shipping practices, delivery location, the method of delivery and the total quantity of items ordered. In addition, all orders are subject to product availability, your order may be delivered in separate shipments. If an item in your order is unavailable, we will ship you the part of your order that is available. When that item becomes available, we will ship you the rest of your order.
15.5 Order Tracking: You are able to track your orders in the Order Tracking section, using the tracking number provided within the shipping email you received when your order was processed. This Shipping and Delivery Policy is subject to change without notice. The version of this Shipping and Delivery Policy in effect at the time of your purchase will govern your purchase. Hyperstech.com recommends you print or otherwise retain a copy of this Shipping and Delivery Policy at the time of your purchase.
16. Price & Payment
The price of Hyperstech.com Product(s) is as quoted on the Website. The prices are exclusive of VAT.
Prices and delivery costs are liable to change at any time, however changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Payment for all orders must be made by Credit, Debit card or PayPal payment method on the checkout page. We accept payment by most major Credit and Debit cards, including Visa, MasterCard, JCB. Payment will be processed in EUR or USD. If your banking currency differs from EUR or USD, a Forex rate may be applied by your issuing bank. Please note we have no control over the exchange rate applied by your banking institution.
Payment is to be made in at the moment of checkout, by purchasing the product or service through our secure shopping cart. Once payment is received, your purchase will be scheduled to be completed and you will receive an email to that effect.
You should be aware that online payment transactions are subject to validation checks by your card issuer. We are not responsible if your card issuer declines to authorise payment for any reason.
We carry out a standard pre-authorisation check on your payment card at the time you place an order, and Product(s) will not be despatched until payment for the full costs of the order has been authorised. Your card issuer may charge you an online handling fee or processing fee.
17. Images
All pictures shown are for illustration purpose only. actual product may vary due to product enhancement. Colors & size of products may appear different to those shown on the site.