TERMS AND CONDITIONS
GBG Spyder Europe AG (“Spyder”) of Blegistrasse 9, 6340 Baar, Switzerland operates this website www.spyder.com (the “Website”).
To contact us, or if you have any questions about these terms and conditions, please contact us via the “Contact Us” section of our Website or email us at email@example.com.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system. We cannot be held responsible for the limitation of technology and we cannot guarantee that your computer will accurately display such colours and that your computer monitor’s display of any colour, texture or details of actual merchandise will be accurate.
We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. In the event the product you received does not conform to the product displayed and described on our Website you can contact us at firstname.lastname@example.org and request a replacement product.
We endeavour to display all items currently on our Website, and aim to hold stock of all styles and sizes while a product is active. Occasionally, an item will be out of stock. If a product is out of stock and we do not expect any more of that product, you will not be able to add the product to your shopping basket. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
PLACING AN ORDER
By placing an order with us you agree to, and accept, these terms and conditions. If you are unhappy with, or unclear about, any aspect of these terms and conditions, please contact our customer care team on email@example.com before placing an order with us.
By placing an order on this Website you are making an offer to Spyder to purchase the goods detailed in your order upon the terms described in your order. Once you have placed an order we will send you a confirmation that your order has been received, this confirmation is not a confirmation that your offer to purchase the product has been accepted. A contract between you and Spyder for the sale of the product will only exist once an order has been accepted, processed and despatched to you (and once you have received the despatch email). You will not be charged for the products ordered until the point they are despatched to you.
Prices and availability of products are subject to change without notice.
When an order is placed it will be shipped to an address designated by you. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to you.
All dates quoted for delivery are estimated delivery dates only and may be subject to change. Spyder cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.
To register and create an account you must provide a valid email address and a password. It is a condition of your use of our Website that all the information you provide on the Website is correct, accurate and complete.
By registering on our Website, you confirm that:
- you are at least 18 years of age;
- you will fully comply with these terms and conditions;
- all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
- you register on the Website for your own personal use, and you will not sell, rent or transfer your account to any third party;
- you are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure; and
- you agree not to disclose these details to any other person or entity and immediately notify us if you believe someone has used or is using your account without your permission, or if your account has been subject to any other breach of security.
We have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms and conditions.
Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our customer care team at firstname.lastname@example.org. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellations.
PASSWORD PROTECTED AREAS
Some areas of our Website are password protected (“Password Protected Areas”) and are only available to those users who have an account. Registration requires users to fully complete the account registration process and we reserves the right to deny or revoke registration of the Password Protected Areas but cannot guarantee the absolute security of information or communication in such Password Protected Areas.
We have the right to disable access to any Password Protected Areas at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
Save for any loss or liability arising due to a security breach on Spyder’s part, Spyder will not be liable for any loss or liability incurred as a result of an unauthorized person using your password or account.
USER INFORMATION AND COMMUNICATION
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
The Website design and all text, graphics, information, content, and other material displayed on, or that can be downloaded from, this Website are either the property of, or used with permission by, Spyder and any of its affiliates, and are protected by copyright, trademark and other laws and may not be used except as permitted in these terms and conditions or with the prior written permission of the owner of such material. Any unauthorised use of any information or material from our Website may violate copyright laws, trademark laws, laws of privacy and publicity and any other laws and regulations.
We require that all users respect and comply with these terms and conditions at all times when using our Website.
You may not:
- use our Website other than for your own lawful and personal use in accordance with these terms and conditions;
- falsify account registration information, or make unauthorised use of another's information or content;
- use our Website in a way or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
- copy, reproduce, perform, distribute, modify, publicly display, create derivative works from any portion of our Website without our express written permission;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
- decompile, disassemble, reverse engineer or otherwise attempt to discover or derive the source code of our Website;
- interfere in any way with the operation of the Website or any server, network or system associated with us or our Website, including, without limitation: (i) hacking; (ii) mail-bombing; (iii) flooding, overloading or making “denial of service” attacks; (iv) probing, scanning or testing the vulnerability of the server, network or Website; (v) breaching or circumventing firewall, encryption, security or authentication routines; (vi) access information which is not intended for you or accessing another user’s account;
- use the Website for any unauthorised purposes; or
- use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the Website or any server, network or system associated with us or our Website, or to extract, collect, harvest or gather content or information from us or our Website.
REPRESENTATIONS AND WARRANTIES
By creating an account on the Website you warrant and represent that:
- you accept full responsibility for the use of the Website; and
- your use of the Website will not violate these terms and conditions, any policies linked in these terms and conditions or any applicable law.
In the event that the product you ordered is listed at an incorrect price due to a typographical error or an increase in prices that has not been updated on the Website we will not process your order and will instead alert you to the actual price of the products, in this instance we reserve the right to cancel your order.
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance of any order.
All our prices will be set out in the local currency of the country from where you place your order. All our prices within the EU will be inclusive of VAT but, where the order cost is under €/CHF/£200, as per your respective currency, exclusive of shipping and handling costs as well as any additional customs costs if applicable. You will be responsible for any additional customs duty that may be applicable.
If you are not happy with the product that you have chosen you may return that product to us within 30 days of receipt, provided that the product is returned complete, in perfect condition, unused, unwashed and with its original packaging. The right to return products applies in addition to your legal right to cancel a product.
If you return any products we will make a refund which will go onto the card which was used when you made your purchase.
We offer a €8 flat rate fee for the return shipping label that also includes the necessary documentation and insurance for your return. This cost will be deducted from your refund. You can set up your return by heading here to the Return Centre.After finalising the return process, you'll be provided with a printable shipping label along with a return packing slip to include in your package.
Items marked as final sale or provided as a free gift or as a promotional item are non-refundable.
RIGHT TO CANCEL
You have the right to cancel your order within fourteen (14) calendar days of the date of receipt of your product and receive a refund of all charges for the cancelled goods. In order to cancel your order please contact email@example.com. In the event you choose to cancel your order you will be required to return the product, in perfect condition, unused, unwashed and with its original packaging to us in the condition in which you received them and with all tags and labels attached.
Should you require any assistance or further information with respect to this process, please contact firstname.lastname@example.org.
VIRTUAL GIFT CARDS
Virtual gift cards are accepted online as a method of payment at www.spyder.com and can be activated with a minimum value of €/£/CHF50 and can have a maximum value of €/£/CHF500.
Virtual gift cards can only be redeemed via purchases made on this Website and are not redeemable for cash, nor can they be returned or refunded. Virtual gift cards cannot be redeemed via purchases made on the US site and cannot be used for payment in Spyder concessions, third party department stores or independent retailers. Please contact customer service at email@example.com for more information.
Any unused balance on the virtual gift card will be placed in the recipient's virtual gift card account and is not transferable.
If your order exceeds the amount of your virtual gift card, you must pay for the balance with a credit card. We are not responsible for lost or stolen virtual gift cards.
We make no warranties, express or implied, with respect to virtual gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a virtual gift card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such virtual gift card.
The value of the virtual gift card will expire if it is not used within 24 consecutive months from the date of purchase.
DO NOT RELY ON INFORMATION ON THIS SITE
The information on our Website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the information is prohibited. Persons to whom such restrictions apply should not access this Website.
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation, warranties or guarantees as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than stated on the Website.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO OR THIRD PARTY CONTENT
From time to time, this Website may contain links to other websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website.
LIMITATION OF LIABILITY
Spyder does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided for above, neither Spyder nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect, special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this Website, the supply of the products or their use or resale by you.
While Spyder uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Spyder will not be responsible for any errors or omissions or for the results arising from the use of such information. While Spyder takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded to any computer system.
Spyder will not be liable to you or deemed to be in breach of these terms and conditions or under any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
You agree to indemnify and hold Spyder or Spyder’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claim, demand, cause of action, actions, suits, proceedings, judgements, order, damages, liabilities, losses and expenses (including attorneys’ fees) arising out of:
- your use of the Website;
- your violation of any law; and
- your violation of the rights of a third party.
HOW WE MAY USE YOUR PERSONAL INFORMATION
WE MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS
We may amend these terms and conditions from time to time. Please check these terms and conditions to ensure you understand the terms that apply at that time every time you wish to use our Website. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. These terms and conditions were most recently updated on [DATE].
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Website, or its features, from time to time to reflect changes to our products, our services, to meet the needs of our users’ or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of our services or the Website without notice.
To access some of the content or features of this Website or its services you may need to enhance or update the hardware or software of your computer system. We assume no responsibility for any failure to access our Website or any services, partially or fully, whether due to your system, the internet network or any other causes.
WE MAY SUSPEND, TERMINATE OR WITHDRAW OUR SITE
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, terminate or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
These terms and conditions and any policies referred to within it constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If any provision of these terms and conditions is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these terms and conditions will remain in full force and effect.
No waiver of any term set out in these terms and conditions shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions.
Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
You agree that any dispute arising from or relating to the subject matter of these terms and conditions will be governed and construed in accordance with the laws of Switzerland with the exclusion of the United Nations Convention of April 11, 1980, on the International Sales of Goods as well as the conflict of laws provisions of the Swiss Private International law Act. In addition you agree that the Swiss courts at the seat of Spyder shall have exclusive jurisdiction over any issues or disputes arising out of or form these terms and conditions.