Last updated: May 15, 2023

Please read these Terms and Conditions ("Terms") carefully before using the website and services offered by HellsCase ("Company", "we", "us", or "our"). These Terms govern your access to and use of hellscase.com, including any content, functionality, and services offered on or through the website (the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

  • You have read, understood, and agree to be bound by these Terms.
  • You are at least 18 years of age or have the legal capacity to enter into binding contracts in your jurisdiction.
  • You have the authority to act on behalf of the entity for whom you are using the Services, and that entity agrees to be bound by these Terms.

If you do not agree with any part of these Terms, you must not access or use our Services.

2. 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 fruits, vegetables, and other items offered for sale through the Services.
  • "Subscription" means a recurring Order for Products at specified intervals.
  • "User" means an individual who accesses or uses the Services.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 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.

3.2 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.

3.3 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.

3.4 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.

4. Services and Warehouse Rental

4.1 Service Description

HellsCase provides warehouse rental and related services in Slovakia. Our services include but are not limited to:

  • Warehouse space rental for storage and distribution
  • Temperature-controlled storage facilities
  • Security services for stored goods
  • Loading and unloading equipment
  • Inventory management systems
  • Office space within warehouse facilities

4.2 Service Availability

We strive to ensure that our Services are available at all times. However, we do not guarantee that the Services will be available without interruption. We reserve the right to modify, suspend, or discontinue the Services, either temporarily or permanently, at any time without notice.

4.3 Rental Agreements

All warehouse rentals are subject to a separate Rental Agreement that details specific terms, conditions, pricing, and duration of the rental. The Rental Agreement must be signed before any warehouse space is made available for use.

4.4 Security Deposit

A security deposit may be required for warehouse rentals. The amount and terms of the security deposit will be specified in the Rental Agreement. The security deposit will be returned after the rental period, less any deductions for damages, unpaid rent, or other charges as outlined in the Rental Agreement.

5. Payment Terms

5.1 Fees and Charges

The fees for our Services are set forth in the applicable Rental Agreement or as otherwise communicated to you. All fees are quoted in Euros (€) unless otherwise specified.

5.2 Payment Methods

We accept payment through the methods specified on our website or in the Rental Agreement. By providing a payment method, you confirm that you are authorized to use the payment method and agree to allow us to charge your payment method for the Services you request.

5.3 Late Payments

If your payment is not received by the due date, we may charge a late fee and/or suspend or terminate your access to the Services. You will remain responsible for all unpaid fees and charges.

5.4 Taxes

All fees are exclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes (VAT) related to your use of the Services.

6. Use Restrictions and Customer Responsibilities

6.1 Prohibited Uses

When using our Services, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Store illegal or hazardous materials in rented warehouse spaces
  • Make unauthorized modifications to warehouse facilities
  • Sublease or transfer your rental rights without our written consent
  • Use the warehouse for residential purposes
  • Exceed the weight or storage capacity limits of the facility
  • Interfere with other customers' use of the facilities
  • Access restricted areas of the warehouse facility

6.2 Customer Responsibilities

As a customer, you are responsible for:

  • Properly securing and insuring your stored goods
  • Complying with all safety procedures and regulations
  • Reporting any damage or maintenance issues promptly
  • Keeping your account information and access credentials secure
  • Ensuring that all activities conducted in the warehouse comply with applicable laws
  • Maintaining cleanliness within your rented space
  • Removing all goods at the end of the rental period

7. Limitation of Liability

7.1 Disclaimer of Warranties

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

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELLSCASE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

7.3 Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HELLSCASE'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO HELLSCASE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) €100.

7.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless HellsCase, 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
  • Your use of the Services
  • Any damage caused to the warehouse facilities or equipment
  • Any illegal or unauthorized use of the Services
  • Any claim that your use of the warehouse facilities violated the law or infringed upon the rights of a third party

9. Term and Termination

9.1 Term

These Terms shall remain in full force and effect while you use the Services or have an active rental agreement with us.

9.2 Termination by You

You may terminate your use of the Services by canceling your account and ceasing to use the Services. Rental agreements must be terminated according to the procedures specified in the agreement, which typically requires written notice within a specified timeframe.

9.3 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

9.4 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • You must remove all stored goods from the warehouse facilities
  • Any outstanding payments will become immediately due
  • Provisions of these Terms that by their nature should survive termination shall survive termination

10. General Provisions

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Slovakia, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Slovak Arbitration Court. The arbitration shall be conducted in Bratislava, Slovakia, in the English language.

10.3 Entire Agreement

These Terms, together with any Rental Agreement and our Privacy Policy, constitute the entire agreement between you and HellsCase regarding the Services and supersede all prior agreements and understandings, whether written or oral, regarding the Services.

10.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

10.5 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of HellsCase.

10.6 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

10.7 Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted on our website or sent to you via email or regular mail.

11. Contact Information

If you have any questions about these Terms, please contact us at:

HellsCase

Flat 58 Marshall Coves

Hallton, DL15 8GH

United Kingdom

Email: legal@hellscase.com

Phone: +449137099712