Terms & Conditions of Use
Effective from June, 2024.
Please read the following Terms and Conditions of use carefully. These Terms of Use (these “Terms”) govern your access to and use of the Milli Point Two d.o.o. (“Milli Point Two,” “we,” “us,” “our”) website at millipointtwo.com (the “Site”) and the products and services provided by Milli Point Two d.o.o. (collectively, the “Service”). This is a binding agreement. If you do not agree to all of these terms, you are not authorized to use the Service and you must promptly cease using it. By accessing or using the Service, you agree to be bound by the terms.
By agreeing to these Terms, you expressly agree to try and resolve any dispute amicably by mutual agreement. If the dispute or conflict cannot be resolved by mutual agreement, you expressly agree to use the mechanisms of out-of-court settlement of consumer disputes by the right to initiate out-of-court dispute resolution (arbitration) proceedings by submitting a report to the Court of Honour of the Croatian Chamber of Commerce (Hrvatska Gospodarska Komora), and/or submitting a proposal for mediation to the Mediation Centre at the Croatian Chamber of Commerce (Hrvatska Gospodarska Komora). Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by Croatian Chamber of Commerce.
Your Access to the Service
Internet Access – When using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.
Your Device – We are not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
No Guarantee – Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
Permitted Use and Restrictions
License Grant – Subject to the terms and conditions of these Terms, Milli Point Two hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.
Use Restrictions – You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Milli Point Two in its sole discretion.
Eligibility – You may only use the Service if you are 16 years of age or older. Individuals under the age of 16 are not permitted to use the Service.
We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Termination guidelines below.
Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Milli Point Two has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
Privacy
This section also incorporates the terms of our Privacy and Cookie Policy (as updated from time-to-time). Our Privacy and Cookie Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy and Cookie Policy and you consent to (i) the processing of your personal information as explained in the Privacy and Cookie Policy and (ii) the collection of information from your Device as explained in the Privacy and Cookie Policy.
User Accounts and Security
User Accounts: To use certain features of the Service, you may be required to create an Milli Point two account and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information, may result in your inability to access or use our Service.
Account Security: Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify Milli Point Two immediately if you become aware of any unauthorized use of your password or your account.
Account Sharing or Transfers: Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
Fees: You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Account Deletion by You: You may delete your account at any time. You may delete your account by contacting us using How to contact us section below.
Account Deletion by Us: Milli Point Two may terminate your account at any time for any reason or no reason, including if: (a) Milli Point Two determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Milli Point Two; (b) Milli Point Two determines it is required by law to terminate your account; or (c) Milli Point Two decides to stop providing the Service or critical portions of the Service. When terminating your account, Milli Point Two may delete your account and the information in it. You have no ownership rights to your account.
Terms of Sale and Payments
Billing Policies: If you choose, at your sole discretion, to purchase goods, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Milli Point Two uses authorized third parties for the purpose of processing your transactions, credit card authorizations, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Milli Point Two the right to store and process your information with such third parties. You agree that Milli Point Two will not be responsible for any failures of such third parties to adequately protect your information.
Product Availability: We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes and shipping charges. All orders are subject to acceptance and availability. In certain circumstances, products may become unavailable after an order has been placed. In such a case, a refund will be issued to your original Payment Method for the amount paid. It may take three (3) to five (5) business days for the refund to appear on your bank or credit card statement.
Order Processing: Product orders are typically processed within three (3) business days. Once an order has been placed, a confirmation email will be sent to you and the order cannot be modified or cancelled. Once your order has been processed and shipped, you will receive a shipping confirmation email. Orders may experience shipping delays during special releases, major holidays, and markdown periods. We are unable to ship to Post Office (“PO”) Box, Army Post Office (“APO”), or Fleet Post Office (“FPO”) addresses. Orders with shipping addresses containing PO Box, APO, or FPO addresses will be cancelled.
Personal Use: Unless you are an authorized retailer, all products sold by or received from Milli Point Two are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Milli Point Two. Milli Point Two reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Milli Point Two in its sole discretion.
Final Sale Items: During sale periods, all marked down items are final sale. Milli Point Two reserves the right to extend, modify, or discontinue markdowns at any time with or without notice. Milli Point Two does not participate in price matching with other retailers.
Idea Submissions
We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
Intellectual Property Rights
The Milli Point Two name and logo are trademarks and service marks of Milli Point Two. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Milli Point Two, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Milli Point Two, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by European, U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Milli Point Two has designated as confidential, and you agree not to disclose such information without Milli Point Two’s prior written consent. Nothing posted on the Service grants a license to any Milli Point Two trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Milli Point Two. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
Mobile Messaging Terms and Conditions
By agreeing to these Terms or using the Service, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, push notifications, and browser notifications. Communications from us may include responses to your inquiries, operational communications concerning your account and/or orders, requests for feedback, or marketing materials.
If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by contacting us using information provided in How to contact us section.
Third-Party Sites and Services
The Service may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
Notice for California Residents Pursuant to California Civil Code Section 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California resident may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Indemnity
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
Warranty Disclaimer
WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MILLI POINT TWO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods purchased through the Service in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MILLI POINT TWO’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MILLI POINT TWO’s GOVERNING LAW PROVISION SET FORTH BELOW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Termination
We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service.
Governing Law
These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of Croatia in accordance with laws of European Union. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
Dispute Resolution
User Concerns: Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us using How to Contact us section.
Arbitration Procedures: In the event your concern cannot be resolved informally, you and Milli Point Two agree that all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Croatian Chamber of Commerce (Hrvatska Gospodarska Komora) rules. Alternative to arbitration, parties can agree to settle their dispute by use of the Mediation Centre at the Croatian Chamber of Economy (Hrvatska Gospodarska Komora)
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
Additional Important Terms
Assignment: The rights granted to you under these Terms may not be assigned without Milli Point Two’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability: Except as otherwise provided in this document, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
Attorneys’ Fees: In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
No Waiver: Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Milli Point Two of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
Equitable Remedies: You acknowledge and agree that Milli Point Two would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement: These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Milli Point Two with respect to the Service and supersedes any and all prior agreements between you and Milli Point Two relating to the Service.
Transfer: We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligation sunder these Terms.
How to contact us?
If you would like to exercise any of the above rights, or if you have any questions about this Privacy Policy, please contact us using any of the below methods:
By e-mail at anthea@millipointtwo.co
By postal service at Milli Point Two d.o.o., Zagrebačka ulica 32A,10430 Samobor