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TERMS AND CONDITIONS

 

 

 

 

 

 

Welcome to the website (the “Site“) operated by Delivery Agent, including its affiliates and related companies (“Delivery Agent“) for the benefit of its commercial partners. The Site is provided as a service to our customers. Please review the following terms and conditions, which govern your use of the Site (the “Agreement“).

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

Acceptance of Terms

This Site is designed for and targeted to individuals who are at least 18 years of age or older. In order to use and access the features and services provided by this Site you must be 18 years of age or older. If you are not an adult, please stop and discontinue your use of the Site. If for any reason you do not agree with the terms of this Agreement, please discontinue using this Site. By using Site you represent that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into and comply with this Agreement.

Site Transactions

The prices displayed on the Site are quoted in Euro and are subject to change at any time. As a convenience to you, prices may also be quoted in other currencies. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The creation or transmission of an order confirmation by Delivery Agent does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. for our cancellation policy. If you are unsatisfied with a product, you may return it in accordance with our return policy. for return policy.

Right to Change Site

We reserve the right at any time to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Right to Change Site

Site Contents

Unless otherwise noted, the Site and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned or controlled by Delivery Agent or duly licensed by Delivery Agent from its commercial partners and service providers. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. Unless otherwise specified, the Site and the Contents are intended to promote products and services. One or more patents may apply to the Site.

The Content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Delivery Agent is not responsible for any medical or health problems that may result from you engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.

Product Information

ALL PRODUCTS PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. DELIVERY AGENT HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DELIVERY AGENT HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Personal Information and Other Information Submitted Through the Sites

We welcome any comments about the Site; however, any comments, reviews, messages, suggestions or other communications (collectively “Comments“) sent to the Site shall become the property of Delivery Agent. Your submission of any such Comments shall constitute an assignment Delivery Agent of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Delivery Agent will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us.

Use Restrictions

Each time you use a password or log-in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with Agreement. You agree that you will not under any circumstances:

post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
interfere or attempt to interfere with the proper functioning of the services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the services or use any software, technology, or device to scrape, spider, or crawl the services or harvest or manipulate data;
use the communication systems provided by or contacts made for any commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer;

Links to Other Web Sites and Services

The Site may contain links to other websites that are not under the control of Delivery Agent. Delivery Agent has no responsibility for those linked websites nor does linking constitute an endorsement of any. If you use such links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites’ users.

 Disclaimer

THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. YOU UNDERSTAND AND AGREE THAT NEITHER DELIVERY AGENT OR ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify and hold Delivery Agent harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

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