Öhlins Website Terms & Conditions
Introduction and Acknowledgement
This website (the "Website") is maintained by Öhlins (the "Company"). Access to and use of this Website by you are governed by these terms and conditions ("Terms and Conditions") as well as its Privacy Statement and Return Policy. By accessing and using this Website, you acknowledge that you have read, accept, and will be bound by these terms, which are a legally binding contract between you and the Company. In addition, when using a particular service and/or accessing certain materials on or through this Website – for example, when you log in to your account – you are subject to any additional posted terms, conditions, and rules, which are incorporated into these Terms and Conditions and govern any conflict or inconsistency with these Terms of Conditions.
Amendments to Terms
The Company reserves the right to modify or amend these Terms and Conditions and any other terms, conditions and rules relating to this Website at any time without notice. You are responsible for regularly reviewing the Website and these Terms and Conditions regarding such changes. Continued use of the Website after any such changes have been posted shall constitute your agreement to them.
Eligibility
The Website is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. The Company may, in its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
License and Site Access
The Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings or descriptions; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the Company’s express written consent. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic or trademark of the Company or its affiliates as part of the link without the Company’s express written permission.
Account Registration
As a condition to using certain aspects of the Website, you may be required to register with the Company and select a password and user ID. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You are solely responsible for the security of online access to this Website, including access to any user account, and you must take precautions to protect the confidentiality of your user ID and password. You should not share your user ID or password with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact the Company immediately if you suspect unauthorized use of your user ID or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Website that make use of your use ID or password. The Company may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.
Products, Pricing and Online Orders
Products purchased through this Website are intended for shipment and use withing the United States and Canada. Unless otherwise specified, all prices listed on this Website are in U.S. Dollars. The prices and availability of products are subject to change without notice. If the Company discovers an error in either pricing or availability, the Company will seek to correct it. The Company reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for the products on this Website are listed without applicable sales tax, which will be calculated at the time of purchase and added based on your location. All order are subject to our Returns Policy and all products are subject to our limited warranties.
Links to Third Party Sites
This Website may contain links to other websites maintained by parties other than the Company or its affiliates ("Linked Sites"). The Linked Sites are not under the control of the Company, and it is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators.
Your Content
You may submit suggestions, ideas, comments, questions, or other information through the Website or otherwise (collectively, “Content”), so long as the Content is not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of such Content. You are solely responsible for any Content that you contribute, and you, not the Company, have full responsibility for such Content. Any Content received from you about how to improve the Website or the products or services of the Company or any of its affiliates shall be deemed a grant of permission by you for the Company to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to the Company by email or otherwise shall be deemed to have been provided by you and received by the Company on a non-confidential basis. By communicating with or otherwise providing Content to the Company, you automatically grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content or any information therein for the Company's business and marketing purposes alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights to third parties. You waive all rights in and to your Content in favor of the Company, its successors, assigns, and licensees. You represent and warrant that you own all rights to your Content or have the right to give the Company the rights described above and that your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. The Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone providing any Content on or through this Website, and you agree to hold the Company harmless from any actions it takes as a result of such requests.
Copyright Notice
Copyright ©2024 Öhlins USA, Inc. All rights reserved. All materials contained on this Website are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of the Company. You may not alter or remove any trademark, copyright, or other notice from copies of the content.
Trademarks and Other Intellectual Property
All trademarks, service marks, and logos used in this Website are the trademarks, service marks, or logos of their respective owners. All rights in the intellectual property contained in this Website including copyrights, trademarks, trade secrets, and patent rights are reserved and may not be used or reprinted without the express written consent of the Company.
Privacy
Your use of this Website is subject the Company’s Privacy Statement, which addresses the privacy of your personal information when visiting this Website and purchasing the Company’s products and services. The Company reserves the right to monitor this Website for adherence to these Terms and Conditions. In addition, you agree that the Company and its service providers and business partners may collect, use and share certain non-personal information your use of the Website and the Company’s products and services (collectively, “Usage Data”). You acknowledge and agree that the Company retains sole and exclusive ownership of all right, title and interest in and to the Usage Data. The Company will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it does not identify you before sharing Usage Data with third parties.
Disclaimer of Warranties; Limitation of Liability
THE INFORMATION IN THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAY CHANGE OR DELETE INFORMATION ON THIS WEBSITE WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. FOR PRODUCT WARRANTY INFORMATION, PLEASE VISIT THE WARRANTY PAGE.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND/OR ITS BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THIS WEBSITE OR ANY LINKED SITE, THE PRODUCTS PROVIDED HEREUNDER, OR YOUR USE THEREOF. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms and Conditions, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, the Company limits such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless the Company, and its affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, your connection to this Website, your violation of these Terms and Conditions or any other applicable terms, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms and Conditions. You are solely responsible for your actions when using this Website, including, but not limited to, costs incurred for Internet access.
Termination
You agree that the Company may terminate or restrict your access to this Website under these Terms and Conditions or under any other applicable terms without prior notice. The Company reserves the right to bar any further access to this Website. Provisions that survive termination of these Terms and Conditions are those relating to ownership, limitations of liability, indemnification, and others which by their nature are intended to survive.
Disputes
These Terms and Conditions shall be governed by and interpreted according to the substantive laws of Sweden. The United Nations Convention on Contracts for the International Sale of Goods of 1980 shall not be applicable. Your viewing of any materials on this Website or use of the products and services sold on this Website constitutes your approval of, and agreement with, these Terms and Conditions and your consent that any dispute or litigation arising between you and the Company related, in any way, to the Website, the Company’s products and services, or these Terms and Conditions, and any and all disputes, actions, claims, or causes of action related thereto, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of three arbitrators. The place of arbitration including the making of the award shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such venue.
Entire Agreement
These Terms and Conditions constitute the entire and only agreement between you and the Company and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings concerning this Website.
Contact Us
If you have any questions, complaints or claims about this Website or the Company’s products, please contact us by phone at 1-828-692-4525 or by email to ohlins_us_info@driv.com.