Terms and Conditions

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This website is operated by OMNIWARE (under the name APEX Motion) . The terms "we", "us" and "our" on this site refer to OMNIWARE. OMNIWARE offers this website and all information, tools and services made available to you through this website to you – the user – conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.

By visiting our site and/ or purchasing something from us, you use our “Service” and agree to be bound by the following terms and conditions (hereinafter referred to as “Terms” or “Terms”), including any additional terms and conditions and policies referenced or linked to below. These Terms and Conditions apply to all users of the site, including users who access the site, suppliers, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before visiting or using our website. If you visit or use parts of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. To the extent that these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

The Terms and Conditions also apply to any new features or tools that may be added to the current store. The applicable version of the General Terms and Conditions can always be found on this page. We reserve the right to amend, modify or replace the General Terms and Conditions in whole or in part by publishing updates and/or changes on our website. You are responsible for checking this page regularly to determine whether any changes have been made. Your continued use of the website after we post any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online trading platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE CONDITIONS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority under the laws of your country of residence, or that you have given us your consent to allow any minors for whom you are responsible to use this site.

You may not use our products for any unlawful or unauthorized purpose. You also may not, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).

You may not transmit any worms, viruses or malicious code.

Failure to comply with any provision of these Terms and Conditions will result in immediate termination of your Services.

ARTICLE 2 - GENERAL PROVISIONS

We reserve the right to refuse our services to anyone for any reason at any time.

You acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to the information to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any element of the website through which the Service is provided, without our express express written permission.

The headings used in this agreement are for convenience of convenience only and will not construe or otherwise affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is incorrect, incomplete or outdated. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. If you rely on the material on this site, you do so at your own risk.

This site may contain certain historical data. Historical data is by its nature not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that you are responsible for monitoring any changes to our site.

ARTICLE 4 - CHANGES TO PRICES AND SERVICE

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service or any part thereof without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES

Certain products or services may be offered exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We make every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer screen will display all colors correctly.

We reserve the right, but without any obligation, to limit the sales of our products or Services to certain persons, regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All descriptions and prices of products are subject to change at any time, at our sole discretion, without notice. We reserve the right to no longer offer a product at any time. Any offer for any product or service made by this site is void where such offer is prohibited.

We do not warrant that the quality of any products, services, information, or other material you purchase or obtain 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 orders you place with us. Purchases may be limited or canceled by us at our sole discretion, per person, per household or per order. These restrictions may also be applied to orders placed by or under the same customer account or credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may notify you using the e-mail and/or billing address/phone number you provided at the time the order was made. We reserve the right to limit or refuse orders that, in our sole discretion, may be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information with each purchase made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Please read our Returns Policy for more information.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You agree that access to such tools is provided “as is” and “as available” without any warranties, conditions or endorsement thereof by us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

You use optional tools through the site at your own discretion and risk and you should ensure that you have familiarized yourself with and agree to the terms on which such tools are provided by the relevant third-party providers.

If we offer new services and/or features through the website (such as the release of new tools and resources), these Terms and Conditions will apply to such new features and/or services.

ARTICLE 8 - THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this site may direct you to external websites with which we have no connection. We do not undertake any obligation to examine or evaluate the content or accuracy and we do not warrant or assume any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully before engaging in any transaction with them. Complaints, claims, problems or questions regarding third party products should be forwarded to that third party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If you submit something at our request (for example in the context of a competition) or of your own accord send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by regular mail or otherwise manner (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use any comments that you forward to us, at any time, without restriction. We undertake no obligation (1) to maintain any comments in confidence; (2) pay compensation for any response; or (3) reply to any comment.

Without any obligation to do so, we may monitor, edit or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of these Terms and Conditions. Terms or to the intellectual property rights of any party.

You agree not to post any comments that infringe the rights of any third party, including copyrights, trademark rights, the right to privacy, personality rights or other subjective or proprietary rights. You further agree not to post comments that are libelous or otherwise unlawful, abusive or obscene material, or that contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the source of any comments. You are solely responsible for any comments you post and their accuracy. We take no responsibility or liability for any comments posted by you or any third party.

ARTICLE 10 - PERSONAL DATA

Our Privacy Policy governs how we collect and use personal data. Read our Privacy Policy here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

There may be typographical errors, inaccuracies or omissions on our site or in the Service that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information in the Service or on any related website is inaccurate, 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 placed an order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, unless required to do so by law. An indication of a date in the Service or on any related website that information was updated or updated does not mean that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 - PROHIBITED USE

In addition to other prohibitions contained in the Terms and Conditions, you may not use the site and its contents:

(a) for unlawful purposes; (b) to solicit others to commit or participate in any unlawful act; (c) to violate any international, national or local law or regulation; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnic or national origin, race, age or limit; (f) to transmit false or misleading information;

(g) to upload or transmit viruses or any other malicious code that will or will be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website pursuant to this prohibited use provision.

ARTICLE 13 - DISCLAIMER OF WARRANTY; LIABILITY LIMITATIONS

We do not warrant that our Service will be uninterrupted, timely, secure or error-free during your use.

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 periodically remove the Service for indefinite periods of time and terminate the Service at any time, without notice to you.

You expressly agree that you use the Service entirely at your own risk and that you bear the sole risk of unavailability of the Service. The Service and any products or services delivered to you through the Service are (unless we expressly provide otherwise) provided to you on an "as is" and "as available" basis. , without any express or implied warranty of any kind, including the warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.

In no event shall OMNIWARE, our directors, officers, affiliates, agents, representatives, labor contractors, contractors, interns, suppliers, service providers or licensors be liable for any harm, loss, damage or claim or any direct, indirect , incidental or special damages, punitive or consequential damages of any kind, including damages for loss of profit, loss of turnover, loss of savings or data, replacement costs or any similar damages, whether in contract, tort (including negligence) , on a strict liability basis or otherwise, arising out of your use of the Service or any products obtained through the Service, or for any other claim relating in any way to your use of the Service or any product, including from any claims for errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or any product) posted, transmitted or otherwise available through the Service even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless OMNIWARE and our parent, subsidiaries, affiliates, partners, directors, officers, agents, contractors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand made by a third party, including for reasonable legal fees, arising out of your failure to comply with these Terms and Conditions or the documents they incorporate by reference, or out of any violation by you of any provision of law or regulation or of the rights of a third party.

ARTICLE 15 - SEVERABILITY

If any provision of these Terms and Conditions is unlawful, void or unenforceable, such provision will remain in effect to the fullest extent permitted by law and will be deemed severable from these Terms and Conditions without affecting its validity. and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

The commitments and obligations entered into by the parties prior to the date of termination shall in all cases survive the termination of this agreement.

These Terms and Conditions remain in effect until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or by ceasing access to our website.

If we believe or suspect, in our sole discretion, that you have failed to comply with any provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also deny you access to our Services (or any part thereof).

ARTICLE 17 - 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 constitutes the entire agreement between you and us and govern your use of the Service. They supersede all prior and existing oral and written agreements, communications and proposals between you and us (including previous versions of the Terms and Conditions).

If any provision of these General Terms and Conditions is open to multiple interpretations, it cannot be construed against us.

ARTICLE 18 - APPLICABLE LAW

These General Terms and Conditions and any other agreements pursuant to which we provide you with the Services shall be executed and construed exclusively in accordance with the laws of Wold 10 03, Lelystad, 8225AA, Netherlands.

SECTION 19 - CHANGES TO THESE TERMS OF SERVICE

The applicable version of the General Terms and Conditions can always be found on this page.

We reserve the right to amend, modify or replace the Terms and Conditions in whole or in part at our sole discretion by posting updates and changes to our website. You are responsible for checking our website regularly to check whether anything has changed. Your continued access to our website or use of the Service after we post any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 - CONTACT DETAILS

You can send questions about these Terms and Conditions to support@apex-motion.com