Terms & Conditions

1. Definitions

In these Terms, the following definitions apply:

• "Account" means the account created by a User to access and use the Services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Order" means a request to purchase Products through the Services.
• "Products" means the toys, games, and other items offered for sale through the Services.
• "Services" means the PirastesSwap website, mobile applications, and related services.
• "User" means an individual who accesses or uses the Services.
• "We," "us," "our," or "PirastesSwap" refers to PirastesSwap, a company registered in Romania with registration number 14205554.
• "You" or "your" refers to the User of our Services.

2. Account Registration and Use

2.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

2.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

2.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

2.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

3. Products and Orders

3.1 Product Information

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on our Services. However, we cannot guarantee that your computer or mobile device's display of any color, texture, or detail will be accurate. Product dimensions, weights, and sizes are approximate.

We reserve the right to discontinue any Product at any time. We do not warrant that the Product descriptions are accurate, complete, reliable, current, or error-free.

3.2 Prices and Availability

All prices displayed on our Services are in Romanian Lei (RON) and include VAT unless otherwise specified. Prices are subject to change without notice. We are not responsible for typographical errors regarding price or any other matter.

The availability of Products is subject to change without notice. We reserve the right to limit quantities of Products purchased by each customer. We will inform you as soon as possible if any Products you have ordered are not available and you will not be charged for such Products.

3.3 Placing Orders

When you place an Order, you make an offer to purchase the Products at the price and quantities indicated. We reserve the right to accept or decline your Order for any reason, including but not limited to unavailability of Products, errors in pricing or Product information, or problems identified by our credit and fraud avoidance department.

After placing an Order, you will receive an acknowledgment email confirming receipt of your Order. This email is not an acceptance of your Order, just a confirmation that we have received it.

3.4 Order Acceptance

Your Order will only be accepted when we send you a confirmation email that the Products have been dispatched. The contract for the purchase of Products is formed at this point.

3.5 Payment

We accept various payment methods as indicated on our Services. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate.

You authorize us to charge your designated payment method for the total amount of your Order, including taxes, shipping, and handling charges. If your payment cannot be processed, we reserve the right to cancel your Order.

3.6 Shipping and Delivery

We ship Products to the addresses specified by customers within Romania and selected European countries. Delivery times are estimates only and may vary. We are not responsible for delays caused by customs, postal services, or other third parties.

Risk of loss and title for Products pass to you upon delivery of the Products to the carrier. It is your responsibility to file any claims with carriers for damaged and/or lost shipments.

4. Returns and Refunds

4.1 Return Policy

You may return most new, unopened, and unused Products within 30 days of delivery for a full refund of the Product price. Products must be returned in their original packaging, including all accessories, manuals, and documentation.

Some Products are not eligible for return, including but not limited to:

• Products that have been opened or used
• Products with broken seals or damaged packaging
• Personalized or custom-made Products
• Downloadable software Products
• Gift cards

Please refer to our Refund Policy for detailed information on returns, exchanges, and refunds.

4.2 Defective Products

If a Product is defective or damaged upon receipt, please contact our customer service within 48 hours of delivery. We will arrange for the return and replacement of the defective Product at our expense.

4.3 Return Process

To initiate a return, please contact our customer service to obtain a Return Merchandise Authorization (RMA) number. Products returned without an RMA number may not be accepted for refund.

You are responsible for the cost of returning the Products unless the Product is defective or we sent you the wrong Product. Return shipping instructions will be provided when you request an RMA.

4.4 Refunds

Refunds will be issued to the original payment method used for the purchase. Refund processing times may vary depending on your payment method and financial institution, but typically take 5-10 business days after we receive and process your return.

5. Intellectual Property

5.1 Ownership

The Services and all Content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by PirastesSwap, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

5.3 Restrictions

You may not:

• Copy, modify, or create derivative works based on the Services or Content
• Distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Services
• Remove any copyright, trademark, or other proprietary notices from the Services or Content
• Use any data mining, robots, or similar data gathering or extraction methods on the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the Services

5.4 Trademarks

The PirastesSwap name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PirastesSwap or its affiliates or licensors. You may not use such marks without the prior written permission of PirastesSwap.

6. User Content

6.1 Submission of Content

Our Services may allow you to post, submit, publish, display, or transmit content such as product reviews, comments, or forum posts ("User Content"). By providing User Content, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

6.2 Representations and Warranties

You represent and warrant that:

• You own or control all rights to the User Content you post
• The User Content is accurate and not misleading
• The User Content does not violate these Terms or any applicable law
• The User Content will not cause injury to any person or entity

6.3 Prohibited Content

You may not post User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
• Contains software viruses or any other computer code designed to disrupt, damage, or limit the functioning of any computer software or hardware
• Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity
• Contains advertisements or solicitations of business

6.4 Monitoring and Enforcement

We have the right, but not the obligation, to monitor and edit or remove any User Content. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Services or the public, or could create liability for PirastesSwap.

7. Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIRASTESWAP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.3 Cap on Liability

Without limiting the foregoing, our total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the Services or Products, or any other matter relating to the Services or Products, will not exceed the amount you have paid to PirastesSwap for purchases made through the Services during the 12 months preceding the event giving rise to the liability.

8. Indemnification

You agree to defend, indemnify, and hold harmless PirastesSwap, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

9. Dispute Resolution

9.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Romania.

9.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts of Romania, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

9.3 Alternative Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within thirty (30) days after one party has notified the other party of the existence of the dispute, then either party may submit the dispute to mediation according to the Romanian Mediation Rules.

9.4 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Miscellaneous

10.1 Entire Agreement

These Terms, our Privacy Policy, and any other terms referenced herein constitute the entire agreement between you and PirastesSwap with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PirastesSwap with respect to the Services.

10.2 Waiver

No waiver by PirastesSwap of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PirastesSwap to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

10.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

10.4 Assignment

You may not assign these Terms without the prior written consent of PirastesSwap. PirastesSwap may assign these Terms without your consent to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

10.5 Force Majeure

PirastesSwap will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

10.6 Contact Information

Questions or comments about the Services or these Terms may be directed to PirastesSwap by emailing us at info@pirasteswap.com or by writing to us at:

11. Changes to These Terms

We may revise these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.