Terms of Sale

When purchasing products from the https://timberce.com/ online store (hereinafter referred to as the “Platform”) as a consumer residing in the European Union (hereinafter referred to as the “EU”), these Terms of Sale (hereinafter referred to as the “Terms” or “Terms of Sale”) shall apply. The following legal entity is designated as the seller of goods and the provider of the Platform:

EBERCE, Informacijsko komunikacijska tehnologija in svetovanje, d.o.o.
Dunajska cesta 106
1000 Ljubljana, Slovenia, Europe

(hereinafter referred to as “EBERCE,” “Seller,” “we,” “us,” or “our”).

Important Notice for Consumers in the United Kingdom (UK):
The United Kingdom ceased to be an EU Member State following its withdrawal from the EU on January 31, 2020. Consequently, these Terms of Sale, which grant consumer rights as defined by EU and member state laws, may no longer fully apply to UK-based consumers. Furthermore, deliveries to the UK may incur additional import charges and Value Added Tax (VAT), which cannot be foreseen at the time of drafting these Terms. UK-based consumers are encouraged to consult their national consumer protection agencies and contact EBERCE at hello@timberce.com for inquiries regarding their rights or potential unforeseen costs before placing an order on the Platform.

Please review these Terms of Sale carefully before placing an order on the Platform. Ensure that the details of your order are complete and accurate before submitting it.

If you notice any errors or encounter any issues, you may contact us at hello@timberce.com for assistance.

Your use of the Platform is also subject to EBERCE’s Privacy Policy, which is incorporated into these Terms by reference.

MEANS OF DISTANCE COMMUNICATION

If you have any questions related to purchases or other inquiries, including complaints, please feel free to contact us at hello@timberce.com.

If we need to contact you or provide you with a notice in writing, we will do so via email or by post using the contact details you provide in your order.

APPLICABILITY, ACCESS, AND UPDATES TO THESE TERMS OF SALE

The Terms of Sale are available for review at the following link: https://timberce.com/terms-of-sale.

Before placing an order and making a payment, you will be required to agree to these Terms of Sale.

These Terms of Sale constitute a legally binding agreement between you and EBERCE, which becomes effective when you place an order and make a payment for any goods or digital content available for purchase on the Platform (hereinafter referred to as “Products”).

If you do not agree to these Terms of Sale, you will not be able to place an order or make any payments related to the Products.

We reserve the right to revise these Terms of Sale at any time by updating this page. You are encouraged to check this page periodically to stay informed of any changes. The Terms of Sale in effect at the time you place your order will govern your purchase and will be binding on you.

In the event of any discrepancy or inconsistency between these Terms of Sale and other information on the Platform (including, but not limited to, information on our official support page), the provisions of these Terms of Sale will take precedence.

We may also update other areas of the Platform and change its contents at any time. Additionally, we reserve the right to restrict access to specific parts of the Platform or the entire Platform at our discretion.

OBTAINING A COPY ON A DURABLE MEDIUM

You may request a copy of these Terms of Sale, or the version of the Terms of Sale that applied at the time of your purchase, to be delivered to you on a durable medium. To make such a request, please contact us at hello@timberce.com.

PLACING AND MODIFYING ORDERS ON THE PLATFORM

Eligibility to Place Orders

By placing an order on the Platform, you represent and warrant the following to EBERCE:

  • You are a natural person acting for purposes outside your trade, business, craft, or profession (hereinafter referred to as a “Consumer”).
  • You are at least 18 years of age (or have reached the appropriate age according to the legislation of your country) and have the legal capacity to enter into a distance contract with EBERCE under these Terms of Sale.
  • You are not purchasing the Products for resale purposes (i.e., you do not intend to resell the Products to other businesses, consumers, or third parties).

If any of these conditions are not met, we reserve the right to restrict sales to you.

How to Place an Order

When visiting our Platform and enabling functional cookies, the available Products will be displayed to you.

  1. Browsing Products:
    You can scroll through the Platform and click on individual Products to view additional details.
  2. Selecting a Product:
    To purchase a Product, click the “Get Instant Access” button, which will direct you to the checkout page.
  3. Providing Information and Payment:
    On the checkout page, you will need to enter your personal information and select your preferred payment method.
  4. Reviewing Your Cart:
    Before finalizing your purchase, you will have the opportunity to review all Products in your cart, their respective prices, and the total amount payable. You can also add additional Products or offers to your cart at this stage.
  5. Placing Your Order:
    Once satisfied, you can place your order by clicking the “Place Order” button.

Order Confirmation and Contract Formation

Our acceptance of your order occurs when the Products are delivered to you. At that time, we will send you an email confirming the delivery of your Products (hereinafter referred to as the “Order Confirmation”).

Upon delivery, a distance contract between you and EBERCE is formed under these Terms of Sale (hereinafter referred to as the “Contract”). We recommend that you print or download a copy of these Terms of Sale along with the Order Confirmation for future reference.

If we are unable to deliver a Product, we will inform you in writing and will not confirm or process the order.

Failed Delivery of Your Order Confirmation

If you have not received an Order Confirmation email from us and a significant amount of time has passed (e.g., more than 45 minutes) since placing your order, please try the following:

  • Check Your Email Folders:
    Look in your spam or promotions folders, as your email provider may have incorrectly flagged our email as junk. To prevent this issue in the future, add hello@timberce.com to your email contacts or address book.
  • Contact Us:
    If the email is still not found, contact us at hello@timberce.com and provide details about the situation. Our support team will assist you promptly.

How to Correct an Error in an Unplaced Order

The Platform provides step-by-step guidance for placing an order and making payment.

  • Adjusting Your Cart:
    If you need to amend an error in your cart, you can remove a Product by either reducing its quantity to 0 or by clicking the “-” button next to the relevant item.
  • Updating Checkout Information:
    You can modify the information you’ve entered on the checkout page or return to a previous step in the checkout process by using your browser’s “Back” button.

How to Correct an Error in an Order You Have Already Placed

If you identify an error in an order that has already been placed, please contact us at hello@timberce.com as soon as possible.

For cancellations, please refer to the Cancelling Your Order section of these Terms of Sale for further instructions.

Our Right to Reject Your Order or Cancel the Contract

We reserve the right to cancel a Contract by providing you with written notice under the following circumstances. In such cases, we will not be liable for any damages or costs other than the repayment of any amounts received from you in connection with the canceled Contract:

  • You are under the age of 18, or under a higher minimum age required by applicable law to enter into an agreement with EBERCE.
  • We have reasonable grounds to believe that you are purchasing Products for resale purposes (e.g., high-volume or repeated orders).
  • There was a clear error in the price displayed on the Platform.
  • We could not guarantee delivery to the email address you provided.
  • Your billing information is incorrect or unverifiable.
  • The Product is no longer available.
  • Your order has been flagged by our security systems as unusual or potentially fraudulent.
  • Cancellation is required due to an event outside our control (see the Events Outside Our Control section below).

Additional Terms of Use for Digital Content

Ordering Digital Content

You may purchase digital content for a fee or obtain it free of charge, depending on the offer available to you on the Platform at the time of purchase. Digital content can be downloaded to compatible devices, such as personal computers, e-readers, smartphones, or other supported devices.

To use digital content, certain system requirements and software may be necessary, such as Adobe Acrobat Reader, a Canva account, or other applicable tools. It is your responsibility to separately cover any connection costs charged by your service provider, as well as to purchase any software or equipment required to access the digital content.

Copyright for Digital Content

All digital content is protected by copyright. Neither we nor our partners (unless expressly specified in individual licensing agreements associated with the digital content) transfer ownership of the copyright to you. Instead, you are granted a limited, non-transferable right to use the digital content exclusively for personal purposes, in accordance with copyright laws and the terms outlined in these Terms of Sale.

You are permitted to download digital content once and transfer it to your personal devices for private use only. However, you are strictly prohibited from:

  • Copying the digital content for others.
  • Making the digital content publicly accessible.
  • Sharing the digital content online or across other networks (whether for free or for a fee).
  • Replicating, printing, or reselling the digital content.

Although additional downloads (re-downloads) may be permitted after the initial download, this is not guaranteed. We reserve the right to modify, suspend, or terminate download options at any time, either temporarily or permanently. Furthermore, we may remove specific digital content from your EBERCE account for valid reasons, such as disputes involving potential legal violations. This removal does not affect digital content already downloaded and stored locally on your devices, such as a computer or e-reader.

To prevent misuse, digital content may include individual watermarks that identify and track the original purchaser. Additionally, digital content may be secured with Digital Rights Management (DRM) technology, such as Adobe Digital Editions, which restricts usage to devices linked to your specific Adobe ID.

Nature of the Content

The digital content is educational in nature and intended to enhance individual competencies. As EBERCE has no direct influence over how the content is used, we do not assume liability for achieving any specific business, financial, or other outcomes or success, whether by the buyer or any third party.

PAYMENT

Payment Methods

The payment methods available to you are displayed on the checkout page. EBERCE currently accepts the following payment methods:

  • PayPal
  • Credit or Debit Card (as listed on the checkout page).

We do not accept any payment methods other than those explicitly listed above and available on the checkout page. EBERCE shall not be held liable for any loss or damages resulting from payments made through unsupported methods or outside the designated payment input fields.

Payment Processing

The timing of your payment depends on the payment method selected during checkout. Payments will only be processed if the billing information provided can be verified.

  • If you pay by credit or debit card, we will attempt to deduct the total amount from your account as soon as you submit your order.
  • If payment is not successfully processed at the time of order placement, no Order Confirmation will be generated, and your order will be considered canceled.

Please note that EBERCE retains full legal ownership of all Products until payment has been received in full.

PRICES AND CURRENCY

Product Prices

All prices displayed on the Platform exclude Value Added Tax (VAT) and are typically quoted in United States Dollars (USD). The applicable VAT amount will be displayed on your invoice.

Changing your country of purchase may impact the price due to differences in currency or country-specific pricing policies.

Your Total Price

The total price, including VAT, is displayed on the checkout page and is confirmed in the Order Confirmation email. We recommend printing or downloading the Order Confirmation for your records.

If your local currency differs from the currency in which the prices are quoted, your bank will apply the applicable exchange rate on the purchase date. Please note that your bank may apply its own exchange rate, which is beyond our control.

PRICE CHANGES

The prices of Products listed on the Platform are subject to change. However, price changes will not affect any order for which you have already received an Order Confirmation.

DELIVERY OF DIGITAL CONTENT

Order delivery is considered complete when the Products are sent to the email address provided at checkout.

  • Accuracy of Information:
    Products are delivered based on the information you provide. You are responsible for ensuring the accuracy of this information. If any regulations are breached (e.g., export/import laws) due to inaccurate information, you will bear full responsibility for such violations.
  • Instant Delivery:
    Digital content is typically delivered to your device (e.g., to your email inbox) instantaneously unless otherwise specified on the product description page on the Platform.

YOUR RIGHT OF WITHDRAWAL

You have the statutory right to withdraw from your purchase without providing any reason and receive a full refund.

To exercise this right, you must send us a clear and unequivocal statement of your intent to withdraw. This notification must be sent via email within 30 calendar days from the date the Product was delivered to you or to a third party designated by you.

It is sufficient for the withdrawal notice to be sent before the end of the 30-day withdrawal period.

Upon withdrawal, we will reimburse all payments received from you in connection with the Products you are withdrawing from.

Withdrawal When Purchasing Digital Content

As a consumer within the European Union, you have the right to withdraw from this contract when purchasing digital content within 30 days, without providing any reason, except where specific exceptions apply (outlined below).

Digital Content Withdrawal Period

The withdrawal period for digital content depends on the type of content:

  • For digital content not provided on a tangible medium: The withdrawal period begins on the day you entered into the contract (i.e., when you placed and paid for the order).
  • For services associated with digital goods: The withdrawal period begins on the day you received confirmation of the contract.

Exceptions to the Right of Withdrawal for Digital Content

The right of withdrawal does not apply once the download or access to the digital content has begun, provided that:

  • You have given your prior explicit consent to the commencement of the download or access during the withdrawal period.
  • You have acknowledged that by consenting to the immediate provision of the digital content, you forfeit your right to withdraw.

Effect of Withdrawal for Digital Content

If you withdraw from a purchase and your withdrawal is accepted, we will refund all payments received from you without undue delay, and no later than 30 days from the date we receive your withdrawal request.

Refunds will be made using the same payment method you used for the original transaction unless otherwise agreed upon.

Withdrawal Refund Information for Digital Content

If you wish to exercise your right of withdrawal and obtain a refund, please refer to the YOUR RIGHT OF WITHDRAWAL section of these Terms of Sale or contact us at hello@timberce.com.

Refunds for withdrawals will include the full amount you paid for the Product, including any applicable taxes as specified in your Order Confirmation.

Refunds will be processed to the credit/debit card or other payment method you used when placing the original order, unless you specify an alternative payment method in your withdrawal notification or physical withdrawal form. Refunds will be issued without undue delay, and in any event, no later than 14 calendar days from the date we are informed of your decision to withdraw.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control refers to any act or event beyond our reasonable control, including but not limited to:

  • Strikes, lock-outs, or other industrial action by third parties.
  • Civil commotion, riot, invasion, terrorist attack or threat thereof, war (declared or not) or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters.
  • Failure of public or private telecommunications networks, including power outages, mobile network disruptions, or Internet interruptions.
  • Suspension of services or Platform accessibility due to system maintenance, upgrades, or issues with third-party systems essential for providing our services.

Impact of an Event Outside Our Control

If an Event Outside Our Control occurs that affects our ability to fulfill obligations under these Terms of Sale:

  • We will notify you as soon as reasonably possible.
  • Our obligations under these Terms will be suspended, and the time for performance extended for the duration of the Event Outside Our Control.

If the Event Outside Our Control affects the delivery of a Product, we will arrange a new delivery date with you once the event has concluded.

Your Right to Cancel

If an Event Outside Our Control occurs and you no longer wish to proceed with your order, you may cancel the contract. In such cases, the withdrawal procedure outlined in the YOUR RIGHT OF WITHDRAWAL section will apply.

GENERAL TERMS

We reserve all rights, title, and interests in our intellectual property and that of our affiliates, including but not limited to patents, trademarks, service marks, copyrights, database rights, design rights, know-how, confidential information, and any other similar protected rights worldwide.

If you breach these Terms of Sale in a material and damaging way, we reserve the right to take appropriate action, which may include:

  • Suspending your access to the Platform.
  • Prohibiting you from accessing the Platform.
  • Blocking access to the Platform from devices using your IP address.
  • Contacting your internet service provider to block your access to the Platform.
  • Initiating court proceedings against you.

Where required, we will report breaches of these Terms of Sale to the relevant law enforcement authorities and cooperate by disclosing your identity and/or personal information as necessary.

Each paragraph of these Terms of Sale operates independently. If any court or relevant authority determines that any provision is unlawful or unenforceable, the remaining provisions will continue to have full force and effect.

If we do not insist on the strict performance of any of your obligations under these Terms of Sale, or if we delay in enforcing our rights, this does not constitute a waiver of those rights or relieve you from compliance with your obligations.

EBERCE is not responsible for the accuracy or content of third-party information accessible through the Platform.

COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP

The software and content on the Platform, including all text, graphics, logos, buttons, images, audio recordings, and computer programs, are the exclusive property of EBERCE or its partners.

All databases available on the Platform (including their selection, organization, and composition) are protected by copyright laws.

Any unauthorized reproduction, modification, distribution, transmission, republication, display, or execution of the software or content on the Platform is strictly prohibited.

PERMITTED USE

The Platform may only be used for the following private and non-commercial purposes:

  1. Viewing the Platform.
  2. Interacting with buttons, contact forms, and other features of the Platform to carry out a purchase.
  3. Sharing or posting links to the Platform.

The use of automated systems or software to extract data from the Platform for commercial purposes (“screen scraping”) is strictly prohibited.

COMPLAINTS AND DISPUTES

We have established a customer support system for resolving complaints. You can send any complaint or appeal regarding decisions affecting your rights to hello@timberce.com.

  • We will confirm receipt of your complaint within five working days.
  • We strive to resolve disputes under mutually agreed terms.

If you believe your complaint or appeal has not been adequately addressed, you may use the Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/.

Please note that EBERCE has not officially appointed or engaged mediators or out-of-court dispute resolution providers.

Date of Publication / Last Revision

Version 1.0
Published: December 13, 2024

EBERCE d.o.o.