TERMS AND CONDITIONS FOR USE OF THE WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (the “Terms”) CAREFULLY. BY TICKING THE CHECKBOX INDICATING YOUR AGREEMENT OR BY USING THE WEBSITE OR MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS AND CONDITIONS FOR SALE, WHICH ARE HEREBY INCORPORATED BY REFERENCE.

The website is owned and operated by BESTSELLER HANDELS B.V., business registration number 59896604, Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands (“BESTSELLER,” “we,” “us” and “our”). Note that we sometimes link to the website www.aboutbestseller.com. This page (www.aboutbestseller.com) is owned by BESTSELLER A/S in Denmark, and not by Online Shop BESTSELLER HANDELS B.V., Sint Jorissteeg 2, 1012 XV Amsterdam, the Netherlands.

These Terms provide that all disputes between you and BESTSELLER with respect to these Terms and your use of our website and mobile applications will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, [[except for matters that may be taken to small claims court]], to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 8 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with BESTSELLER.

1. Intellectual Property

All names, brands, trademarks and logos on the website are the property of BESTSELLER A/S in Denmark or its associated companies and partners and are licensed by BESTSELLER HANDELS B.V. All such names, brands, trademarks and logos are protected by copyright and/or registered trademarks and can only be used with permission from BESTSELLER A/S or the respective owner of such rights. The content and information of the website such as text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code) are the property of BESTSELLER HANDELS B.V. or BESTSELLER A/S or their associated companies and partners. Downloading content or information from the website is only allowed for personal, non-commercial use, provided you keep the copyright intact and comply with all other terms and conditions applicable to your use including, without limitation, these Terms. You may not copy, republish or distribute content from the website for public or commercial purposes or otherwise use the copyrighted content without permission from BESTSELLER HANDELS B.V., BESTSELLER A/S or their associated companies and partners, as the case may be. BESTSELLER HANDELS B.V., BESTSELLER A/S, and their associated companies and partners retain all right, title, and interest, including intellectual property rights and all other rights in names, brands, trademarks and logos, text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code), in whole and in part, and all derivations, adaptations, or translations, collections, or subsets of the foregoing (“BESTSELLER IP”). Except for the rights expressly granted above, nothing in these Terms shall be construed to transfer any right, title, or interest to you of BESTSELLER IP (including, without limitation, all intellectual property rights therein). You disclaim and waive all rights to the BESTSELLER IP and all intellectual property rights therein, other than those rights expressly granted in these Terms, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production.

2. Privacy

Please read about how we process personal data in our Privacy Policy.

3. Goods and Services

  1. Availability. The inclusion of any goods or services on the website does not imply or warrant that these goods or services will be available to purchase.

  2. Order Limitations. We reserve the right to limit quantities on orders placed by the same account, placed by the same method of payment, and/or that use the same billing or shipping address. We will notify you if such limits are applied to you.

  3. Product Descriptions and Information. We attempt to be as accurate as possible in posted product descriptions on the website. However, we do not warrant that descriptions, prices, colors, specifications, or other content or information about goods or services on the website are accurate, complete, reliable, current, or error-free. Certain weights, measures, descriptions and other information are approximate and are provided for convenience purposes only. We reserve the right to change or update content and information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our information about goods or services, we may cancel your order and notify you of such cancellation.

  4. Compliant with Applicable Law. It is your responsibility to obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the use of and purchases from this website and the receipt, possession, use, and sale of any item purchased from this website. By placing an order, you represent that the goods ordered will be used only in a lawful manner.

4. No Warranties

BESTSELLER HANDELS B.V. makes no warranties regarding the accuracy of the information on the website. However, you are always welcome to contact us, if you find incorrect information on the website. BESTSELLER HANDELS B.V. is entitled to change the content of the website at any time without preceding notice.

If the website links to a third party website, BESTSELLER HANDELS B.V. makes no warranties for the content of the third party website. These links are made for your convenience only, but it is at your own risk when you visit a third party website.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , GOODS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY BESTSELLER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN YOUR CONTRACT, BESTSELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE GOODS.

5. Limitation of liability

BESTSELLER is not liable for any delays or for non-performance due to force majeure. For as long as a force majeure situation persists, BESTSELLER is relieved from performance of its obligations.

To the maximum extent permitted by applicable law, in no event shall BESTSELLER be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the website or BESTSELLER online shop, including without limitation the materials or information provided through the website or BESTSELLER online shop, the goods or services, or the transactions conducted on or from any company websites, even if BESTSELLER or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In particular, and without limiting the preceding paragraph, in no event will BESTSELLER be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, BESTSELLER’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of BESTSELLER.

IF, DESPITE THE LIMITATIONS ABOVE, BESTSELLER IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITE, GOODS OR SERVICES, OR THE BESTSELLER ONLINE SHOP, BESTSELLER’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) SHALL NOT BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC GOODS OR SERVICES PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE WEBSITE OR BESTSELLER ONLINE SHOP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE AND BESTSELLER ONLINE SHOP.

CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

FOR THE PURPOSES OF THIS SECTION, “BESTSELLER” SHALL INCLUDE BESTSELLER’S AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.

6. Indemnity

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE WEBSITE, GOODS AND SERVICES MADE AVAILABLE ON THE WEBSITE AND THE BESTSELLER ONLINE SHOP, AND YOU WILL DEFEND AND INDEMNIFY BESTSELLER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, LICENSEES AND AGENTS FROM AND AGAINST EVERY CLAIM, LIABILITY, DAMAGE,