Service conditions

OVERVIEW
This website is operated by ThinkRider Fitness. Throughout the site, the terms “we”, “us” and “our” refer to ThinkRider Fitness. ThinkRider Fitness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced here and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, sellers, customers, merchants and/or content contributors.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.

Any new features or tools added to the current shop are also subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

Our shop is hosted on the OVH website. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE SHOP TERMS
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or are of the age of majority in your state or province of residence, and that you have given us your consent to allow any minor in your care to use this site.
You may not use our products for any illegal or unauthorised purpose and you may not, in the use of the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature.
Violation or breach of any of the Terms will result in immediate termination of your services.

SECTION 2 – TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except for credit card information), may be transferred in the clear and may involve (a) transmissions over different networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information made available on this site. The material on this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any use of the information contained in this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICE CHANGES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that the display of any colour on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 of an order change or cancellation, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can process your transactions and contact you if necessary.

For more details, please see our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide you with access to these tools on an “as is” and “as available” basis without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of any optional third party tools.
Any use by you of the optional tools offered by the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions on which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features through the Site (including the provision of new tools and resources). These new features and/or services will also be subject to these Terms of Use.

SECTION 8 – LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party materials or websites, or for any other third party materials, products or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third party websites. Please review the policies and practices of third parties carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific contributions (e.g., contest entries) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, “Comments”), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments you send to us. We are and will be under no obligation (1) to keep any Comments confidential, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malicious software that could in any way affect the operation of the service or any linked website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or others as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility for comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION
The submission of your personal information through the Store is governed by our Privacy Policy. To view our privacy policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any linked website is inaccurate, at any time and without notice (including after you submit your order).
We do not undertake to update, amend or clarify any information on the Service or any linked website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any linked website shall be deemed to indicate that any information in the Service or on any linked website has been changed or updated.

ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, libel, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any manner whatsoever which affects the functionality or operation of the Service or any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any other website, or the Internet. We reserve the right to terminate your use of the Service or any linked website for violation of any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time discontinue the service for indefinite periods or cancel the service at any time without notice.
You expressly agree that your use of or inability to use the service is at your own risk. The service and all products and services provided to you through the service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall ThinkRider Fitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained by using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ThinkRider Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use, such determination not to affect the validity and enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If, in our sole judgment, you breach, or we suspect that you are breaching, any term or provision of these terms of service, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to and including the date of termination; and/or as a result, we may deny you access to our services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these terms of use shall not be construed against the writer.

ARTICLE 18 – APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of Luxembourg.

ARTICLE 19 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of use constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at info@thinkriderfitness.eu.