These OPSUNDBAY Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.OPSUNDBAY.com (the “Website”) is owned by and/or operated by or on behalf of OPSUNDBAY ApS; Nørre Søgade 9A, 1TH, 1370 Copenhagen K, Denmark (“OPSUNDBAY/we/us”).
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these OPSUNDBAY Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. THE PURCHASE TERMS
Please read these Terms and Conditions carefully before ordering Products online from the OPSUNDBAY Website. Check that the details of your order are complete and accurate before submitting your order. Please, note that these Purchase Terms include the terms contained in the help section.
These general conditions apply to:
- All offer and contracts relating to the sale and delivery of Products by OPSUNDBAY; and
- Order anything from the Website;
- At any web page directly connected to the Website; or
- When you accept an offer from OPSUNDBAY
- The use of any information, documents, graphics, movies, features, music and/or other services on the Website.
It is only possible to deviate from these Purchase Terms if agreed in writing by OPSUNDBAY.
2.2 ELIGIBILITY TO ORDER
To place an order on the Website, you must:
- Be at least 16 years old
- Be a consumer – not a reseller
- Guarantee that the information you provide to OPSUNDBAY in the request or order is accurate and complete.
2.3 HOW TO ORDER
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping cart and submitting your order.
Placing an order on the Website is easy.
- Find the products you want (and customize if applicable).
- Add the products to your shopping cart.
- Proceed to checkout.
- Select delivery and billing options.
- Review your order.
- Submit your order.
- Receive an online order acknowledgment.
- Receive an online order confirmation.
When you submit an order, we will send you an email acknowledging receipt of your order with your order number and details of the Products you have offered to purchase and details of any delivery services. This does not mean that we have accepted your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these general conditions, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these general conditions and the Order Confirmation for future reference.
If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
2.4 OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. If OPSUNDBAY does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by OPSUNDBAY. We may choose not to accept your order at our own discretion, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we have cancelled.
Examples of when we may not accept your order are as follows:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- We are unable to obtain authorisation of your payment;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- you are under 16;
- you are a reseller;
- there was a clear error in the price displayed on the Website;
- we could not deliver to the address provided by you;
- The order is made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device;
- due to an Event Outside Our Control (see art. 6 below); or
- in the event of clear misspelling, pricing or other errors or mistakes in the Website information.
2.5 DATA CHECK
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud in accordance with the OPSUNDBAY Privacy Statement. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on www.OPSUNDBAY.com will be investigated and if necessary prosecuted.
2.6 RETENTION OF TITLE
All Product(s) will remain the property of OPSUNDBAY until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product(s) before full title thereof has passed to you.
2.7 QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. OPSUNDBAY is not liable for these variations and deviations.
OPSUNDBAY draws your attention to the washing and maintenance instructions printed on the labels of the Products. OPSUNDBAY is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.8 PAYMENT METHODS
You can find the available payment methods in the help section. We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
2.9 PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.
If you pay by bank transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 10 calendar days after you submitted your order, your purchase will automatically be cancelled.
Payments can only be processed if the billing information can be verified.
2.10 PRICES AND CURRENCY
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section.
Prices are quoted in Euro with the exception of Denmark where prices may be quoted in local currency. OPSUNDBAY reserves the right to make price changes prior to an order placed by you.
OPSUNDBAY reserves the right to change, limit or terminate any special offers or discounts at any time.
If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
2.11 YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.
2.12 PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
Where we elect, or are required by applicable law, to issue or make available an invoice, OPSUNDBAY reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.14 DELIVERY – WHERE AND WHEN
Please refer to the help section of the Website for dates and the available delivery times and methods. OPSUNDBAY will deliver to the address indicated by you and OPSUNDBAY can only deliver to a home or office address. Deliveries will be done on business days, not being a public holiday in your country. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence and in the city of Copenhagen, Denmark (OPSUNDBAY warehouse address). Note that public holidays may vary per country and per year. We suggest checking all public holidays to get a better estimation of delivery periods.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
2.15 SPLIT DELIVERY
Where possible, we try to deliver all items which you have ordered at the same time.
We reserve the right to split the delivery of your order, so that you receive your Products as soon as possible. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
However, in the event that you request that OPSUNDBAY delivers in parts, OPSUNDBAY may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If OPSUNDBAY is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
2.16 INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
2.17 SHIPPING RATES
- FREE SHIPPING
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’. See the help section of the Website for threshold amounts and their corresponding discounted delivery rates.
2.18 CANCELLING ORDER BEFORE DELIVERY
You may cancel any order for non-customized products free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link at the top right of the Website.
If the status of your order is “Pending” or “On Hold” you may cancel your order by contacting our call centre (see help section of the Website). Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
2.19 EXERCISING YOUR RIGHT OF WITHDRAWAL
If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 14 calendar days after the product is delivered, without giving us any reason, as long as:
- the products are unwashed and not used in any way;
- the product is complete.
The withdrawal period shall be ten days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for multiple goods that you have ordered in the context of a single order and which are being delivered separately) the final delivery of partial goods or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.
To exercise your right of withdrawal you must inform us by submitting a clear declaration (e.g. a letter sent by post or an email) stating your decision to withdraw from this contract.
To meet the withdrawal period deadline, you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
For practical information on how to return, see the help section of the Website. If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) and in any event not later than 14 days from the date on which the notification of withdrawal of this contract has been received by us
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned goods, or until you have submitted proof that you have returned the goods, whichever comes earlier.
In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment.
You must send back or submit the goods immediately, but in any event no later than ten (10) days from the date on which you inform us about the withdrawal from this contract. The deadline shall be deemed met if you send the goods before the deadline of ten (10) days expires.
You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.
Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
2.20 EXCEPTIONS TO YOUR RIGHT OF WITHDRAWAL
You do not have a legal right of withdrawal for contracts regarding:
- products that have been tampered with
- sealed audio, video recordings or sealed computer software or audio-visual products of which an affixed seal is broken
2.21 PRODUCT EXCHANGE
Product exchanges are currently not possible, but you do have the option of returning your product(s) when the return is in line with our return policy, see art 2.19 above. In order to get another product colour or size, you will have to place a new order on the Website.
2.22 DAMAGED OR DEFECTIVE PRODUCTS
For OPSUNDBAY, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. OPSUNDBAY has a legal obligation to make sure that our Products are conform to the sales contract.
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 1 months after you notice the defect. This does not affect your statutory rights.
Returned Products are inspected by the OPSUNDBAY Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you.
We do not refund Products:
- Obtained from a source other than the Website
- Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
- Damaged by misuse or activities other than the intended purpose (use of running shoes for court sports or hiking footwear as work boots, etc.)
Please note the life expectancy of any OPSUNDBAY Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user.
Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments.
Pre-order is the process by which you are able to order a product in advance of the restocking. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products:
Pre-ordered products are targeted to be delivered before the restocking date, provided that we have received your payment at least 5 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
2.26 SEPARATE SHIPPING
Pre-ordered products are shipped separately. They will not be shipped with regular product you may have ordered. Unfortunately, due to technical limitations from our side, the pre-orders will show in your “goods shipped” confirmation e-mail and in your order status online. This is incorrect. Please disregard this information. You will receive a separate shipping confirmation once the product is shipped.
2.27 COURSE BOOKINGS
Registration is binding. Payment cannot be refunded late than 6 weeks before course start
The invoice serves as confirmation of a booking. Under no circumstances shall OPSUNDBAY be held liable for forwarding route descriptions, changes to course dates and locations, especially when booker and participant are not identical.
OPSUNDBAY retains the explicit right to postpone or cancel events without replacement for good reason. Participants will be informed in good time; course fees for cancelled events will be credited to the customer, see art. 2.19. The same applies in the event of a postponement if so desired by the customer. Any cancellation charges for hotels or tickets will not be reimbursed by OPSUNDBAY. The same applies to other compensation claims raised by the customer. Participants are obligated to provide a telephone number when placing a booking under which they can be reached in urgent circumstances (cancellations, date changes, etc.).
Sport devices and documents will be handed out at the beginning of an event. Participants are hereby made expressly aware that the copyright for all publications lies with OPSUNDBAY or its licensors and that the reproduction or dissemination of the same requires the approval of the management at OPSUNDBAY. Violations will be punished by a fine of at least €1,000.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any OPSUNDBAY content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by OPSUNDBAY, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with OPSUNDBAY, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of OPSUNDBAY, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by OPSUNDBAY, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. you must not use Content separately from any accompanying text. You may not reuse any Content without first obtaining the consent of OPSUNDBAY. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website. OPSUNDBAYs status as the owner of content on the Website must always be acknowledged. If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by OPSUNDBAY. OPSUNDBAY does not transfer title to the Software to you. You own the medium on which the Software is recorded, but OPSUNDBAY retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of OPSUNDBAY, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of OPSUNDBAY, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without OPSUNDBAYs prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of OPSUNDBAY.
OPSUNDBAY® are trademarks of OPSUNDBAY ApS © 2017 OPSUNDBAY ApS.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
OPSUNDBAY does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, OPSUNDBAY will not provide for specific IT infrastructure or connectivity. Thus OPSUNDBAY cannot represent or warrant the Website will be uninterrupted or error free. OPSUNDBAY does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither OPSUNDBAY, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if OPSUNDBAY has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. OPSUNDBAY may deny you access to the Website at any time in its sole discretion, and which shall include situations where OPSUNDBAY believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 AVAILABILITY OF THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
3.8 YOUR ACCOUNT AND PASSWORD
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify Consumer Services.
If OPSUNDBAY fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these general conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
Even though we have created the caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
In the event, you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
- damage to the OPSUNDBAY products or to other materials;
- reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
- reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Danish law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.10 USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, artwork, photographs, videos, suggestions or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter “User Generated Content”), on the Website, or if you send such User Generated Content through the Website to OPSUNDBAY, will be deemed to be non-confidential and non-proprietary. Accordingly, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to OPSUNDBAY. We shall have the non-exclusive, royalty-free, right to use, copy, distribute and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you.
You acknowledge and agree that you shall have no claim against OPSUNDBAY or any other party should any User Generated Content created, posted or sent by you be used in the above sense by OPSUNDBAY or such other party (license grant). To the extent such transfer is not valid, you grant to OPSUNDBAY, by submitting the User Generated Content to OPSUNDBAY, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
You warrant that any User Generated Content or other information which you send to the Website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe any applicable law.
You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep OPSUNDBAY and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by OPSUNDBAY or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
You acknowledge and agree that OPSUNDBAY only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. OPSUNDBAY does not, and you agree that OPSUNDBAY has no obligation to, review the User Generated Content, that OPSUNDBAY is not in any manner responsible for User Generated Content, and that OPSUNDBAY cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.
You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, OPSUNDBAY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials remarks, suggestions, opinions and other information expressed or included in any User Generated Content are not those of OPSUNDBAY or its affiliated or related entities or content providers and thereby do not represent those of OPSUNDBAY.
Notwithstanding the foregoing, you acknowledge and agree that OPSUNDBAY has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, OPSUNDBAY reserves the right to edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party.
You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify OPSUNDBAY in writing of any objectionable content appearing on the Website. OPSUNDBAY will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that OPSUNDBAY is not responsible for any User Generated Content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a physical fitness program.
You agree to promptly notify OPSUNDBAY in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to OPSUNDBAY sufficient information to enable OPSUNDBAY to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. OPSUNDBAY agrees to make good faith efforts to investigate such complaint and shall take such action as OPSUNDBAY in its sole discretion decides. However, OPSUNDBAY does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.11 UNSOLICITED IDEAS
OPSUNDBAY maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to OPSUNDBAY business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to OPSUNDBAY. You should therefore not post any Materials on the Website or send these to OPSUNDBAY by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the OPSUNDBAY Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service.
In case of contradiction between OPSUNDBAY Terms and Conditions and any content contained in other parts of the Website or in links, OPSUNDBAY Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE OPSUNDBAY TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the OPSUNDBAY Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the OPSUNDBAY Terms and Conditions periodically for changes.
Each provision of the OPSUNDBAY Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these OPSUNDBAY Terms and Conditions.
4.5 DATA PROTECTION
By placing a purchase order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
4.6 SUB-CONTRACTING AND ASSIGNMENT
OPSUNDBAY reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under OPSUNDBAY terms and conditions provided that your rights under OPSUNDBAY terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the OPSUNDBAY terms and conditions without our consent in writing.
4.7 EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these general conditions that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under art. 2.19. We will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with our cancellation rights in art. 2.4
4.8 APPLICABLE LAW
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Danish law to the exclusion of the Unites Nation Convention on Contracts for the International Sale of Goods (CISG).
4.9 OTHER IMPORTANT TERMS
If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We will not file a copy of the contract between us.