Terms and Conditions

OVERVIEW

Welcome to Unbound Originals! The terms "we," "us," and "our" refer to Unbound Originals. Unbound Originals operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with an individual shopping experience (the "Services"). Unbound Originals is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies mentioned herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.

To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide this information.

You alone are responsible for the security of your account login data and for all activities on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online shops as accurately as possible. However, please note that colors or the appearance of products may vary from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Unbound Originals reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until confirmed by Unbound Originals. A prerequisite for the acceptance of your order is the receipt and processing of your payment. Please check your order carefully before submitting it, as Unbound Originals may not be able to accommodate cancellation requests once an order has been accepted. Should we not accept, or choose to change or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number provided at the time of the order.

The return or exchange of your purchases occurs exclusively in accordance with our Right of Withdrawal (Cancellation Policy). You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation you receive via email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import duties.

Prices stated in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and to which different terms and conditions apply than these Terms. In the event of any discrepancy between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.

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

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the costs incurred by you will be honored by your credit card company, and (iv) you will pay the costs incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping service providers, customs processing, or events beyond our control. Once we have handed the products over to the shipping service provider, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of Unbound Originals, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Except as expressly provided herein, no provision of these Terms and Conditions grants you a license or any other rights to patents, trademarks, copyrights, or other intellectual property of Unbound Originals, Shopify, or third parties, nor can any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Unbound Originals.

The names, logos, product and service names, designs, and slogans of Unbound Originals are trademarks of Unbound Originals or its affiliates or licensors. You may not use these trademarks without the prior written permission of Unbound Originals. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor have any control or influence over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.

Any use of the optional tools offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and accept the terms and conditions under which the tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses incurred through your access to third-party websites or through the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third-party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.

SECTION 9 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy. Furthermore, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than your country of residence, to provide the Services to you. Please see our Privacy Policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 10 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.

You further represent and warrant that: (i) you own all Feedback content or have full rights thereto; (ii) you have disclosed all compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation (1) to treat your Feedback as confidential, (2) to pay compensation for your Feedback, or (3) to respond to your Feedback.

We reserve the right, but have no obligation, to monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.

You warrant that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further warrant that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could interfere with the operation of the Services or any related website in any way. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or a third party.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the event of inaccurate information, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 12 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions; (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm Unbound Originals, Shopify, or users of the Services or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or close your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 13 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. In such event, you remain liable for all amounts due up to and including the date of termination.

The following sections shall survive the termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 14 – DISCLAIMER OF WARRANTIES

(As provided previously) The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by Unbound Originals, the Services and all products delivered to you through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 15 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Unbound Originals, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services 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 the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Unbound Originals, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any such claim, provided that a failure to provide prompt notice shall not relieve you of your obligations unless you are significantly prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any claims, including by providing relevant documents.

SECTION 17 – SEVERABILITY

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

SECTION 18 – WAIVER, ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 19 – ASSIGNMENT

You may not assign, sublicense, or transfer this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and our rights and obligations without your consent or notice.

SECTION 20 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Unbound Originals is headquartered. You and Unbound Originals agree to the venue of Austria and the personal jurisdiction of these courts.

SECTION 21 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

SECTION 22 – CHANGES TO THE TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these terms in accordance with applicable law. Such changes shall take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to: UNBND Sports Equipment e.U. support@unbound-originals.com Neustiftgasse 96, AT-1070 Vienna, Austria VAT: ATU83020179