Terms of use

Terms of Use for Groundora.com

Last updated: January 2, 2024

Groundora and/or its affiliates (“Groundora.com”, “we”, or “our”) operate an online store (“Groundora”) located at www.Groundora.com where you can purchase products and services (“Groundora Products”).

These Terms of Use apply to the content and functionality of the Groundora store, as well as to the products in the Groundora store.

1. Information You Provide to Us

You may provide us with information about yourself when you visit the Groundora store. Our プライバシーポリシー explains our practices regarding this information. We may need to send you emails and SMS messages, for example, to provide you with important information regarding your delivery. You consent to receiving these messages when you visit the Groundora store and provide your contact information. Standard text messaging or data rates may apply to text messages. When offered, you can unsubscribe from SMS notifications by replying to such message with “STOP” or by following the instructions provided in the message. However, by unsubscribing from text messages, you may disable important security controls and increase the risk of losses to your business.

2. Groundora Copyright

Between you and Groundora, Groundora and its licensors exclusively hold all rights, titles, and interests in patents, copyrights (including rights in derivative works), moral rights, publicity rights, trademarks or service marks, logos and designs, trade secrets, and any other intellectual property embodied by or contained in Groundora (“Groundora”). Groundora is protected by copyright laws, trade secret laws, patent laws, and other intellectual property laws, and all rights in Groundora not expressly granted to you in these Terms of Use are reserved.

You may choose to do so, or we may invite you to submit comments or ideas regarding improvements to the Groundora store or our products or services (“Ideas”). If you submit an Idea, we will assume that your submission was voluntary, unsolicited by us, and delivered to us without any restriction on our use of the Idea. You also agree that Groundora has no fiduciary or other obligation to you in connection with any Idea you submit, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Groundora

Groundora grants you a limited, revocable, non-exclusive, and non-transferable license to access the Groundora store. This license does not include the right to use the content and information, including product listings.

You may not display, copy, modify, transmit, or use in any way the trademarks of Groundora and Groundora.

4. Products, Content, and Specifications

The details of products and services available for purchase in the Groundora store (“Groundora Store Products”) are set forth in the Groundora store. All features, content, specifications, products, and prices of products and services described or depicted in this Groundora store are subject to change at any time without notice. Unless expressly stated otherwise, all weights, measurements, and similar descriptions are approximate and are provided for convenience only. Packaging may differ from what is shown, and the appearance of a product in reality may differ from its appearance in the Groundora store due to limitations of the systems you use to access the Groundora store. The inclusion of products or services in the Groundora store at any given time does not imply or guarantee that such products or services will be available at any time. Sometimes, the manufacturing or distribution of a particular product or service may be delayed for various reasons. In such cases, we will make reasonable efforts to inform you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the ordered products will be used only in a lawful manner.

5. Subscriptions

a. Subscription Terms. We may offer you the opportunity to purchase subscriptions through the Groundora store. The specific terms of a subscription will be communicated to you at the time of purchase of the subscription or before, and by purchasing the subscription, you accept these terms.

b. Free Trials and Promotional Periods. If a subscription begins with a free trial or a promotional period, you will have the right to cancel the subscription before the end of the trial or period. If we do not provide you with an online cancellation mechanism, you may exercise this cancellation right by contacting us. We will send you an email before the end of the free trial or promotional period to remind you that the trial or period is ending and to give you the opportunity to cancel before the start of the paid period. If you do not cancel, we will charge you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the specific terms of the subscription.

c. Cancellation. Your cancellation rights and the mechanism by which you can inform us of your decision to cancel will be communicated to you at the time of your subscription or before.

6. Your Account

We may require you to create an account to access the Groundora store, including to make purchases. If so, you must provide accurate information about yourself when creating your account and ensure that you inform us if this information changes. You must ensure that your login information remains confidential. You are responsible for any activity, including purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and Returns

This Section 7 applies to Groundora products that are physical goods. To clarify, this Section 7 applies notwithstanding any conflicting terms of any invoice or purchase order.

Orders are shipped by carriers selected by Groundora. The shipping fees that will be charged to you, if any, will be communicated to you before you confirm your order. If we provide you with an estimated delivery date, the estimated delivery date is not guaranteed, and stock shortages or events beyond our control may affect the delivery date. Groundora is not responsible for delivery after the estimated delivery date, nor for any losses, damages, or penalties you may suffer due to delays in delivery or shipping. Unless otherwise indicated in the product description, each Groundora product will be delivered to the FCA delivery address (as designated on the applicable order) (Incoterms 2010).

Unless otherwise indicated in the product description, Groundora products may be returned in their original packaging and condition (including all accessories and components provided) within 14 days of receiving the item. However, unless we state otherwise, you will only be eligible for a refund if we provide you with an item that does not match the product description of the item you purchased. If this occurs, your sole remedy is to return the item in an unused condition in exchange for a refund. To begin the return process, please contact us. Return instructions will be provided to you. Groundora will not cover return shipping costs and will refund you the full purchase price.

8. Sanctions and Export Policy

You may not use the Groundora store or purchase products from the Groundora store for the benefit or on behalf of a country, organization, entity, or person that is under embargo or blocked by a government, including those listed on sanctions lists identified by the Office of Foreign Assets Control (OFAC). We do not claim, and cannot guarantee, that the Groundora store or any product from the Groundora store is or will be suitable or available for any location or jurisdiction, compliant with the laws of any location or jurisdiction, or compliant with laws governing foreign export, import, or use.

10. Warranties

We provide Groundora products “as is” and “as available,” without any express, implied, or statutory warranty of title, merchantability, fitness for a particular purpose, or non-infringement. No data, documentation, or other information provided by Groundora or obtained by you from or through the Groundora store—whether from Groundora or any other entity, and whether oral or written—creates or implies any warranty of Groundora to you.

Groundora disclaims any knowledge and does not warrant: (a) the accuracy, reliability, or completeness of the data provided by Groundora; (b) that Groundora Products will meet your specific needs or requirements; (c) that the Groundora store will be available at a particular time or location, will operate without interruption, or will be secure; (d) that Groundora will correct any defects or errors in the Groundora store; or (e) that the Groundora store is free of viruses or other harmful code. The use of data, products, or services accessed, purchased, or downloaded via the Groundora store is at your own risk—you are solely responsible for any damage to your property, loss of data, or any other loss resulting from such access, purchase, or download.

Nothing in these Terms of Use is intended to exclude, restrict, or modify the application of any condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under the law to the extent that it: (a) would contravene such law; or (b) would render null and void any term of this agreement.

10.1 Limitation of Liability

In no event shall Groundora be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Groundora store or from the unavailability of the Groundora store, or for any lost profits, bodily injury, or property damage, or for any other damages arising out of, in connection with, or related to these Terms of Use or your use of the Groundora store, even if such damages are foreseeable, and whether or not you or Groundora have been advised of the possibility of such damages. Groundora is not responsible and disclaims all liability for any damage, injury, or loss resulting from or related to hacking, tampering, or any other unauthorized access or use of Groundora or your inability to use or implement anti-fraud measures, security controls, or any other data security measures. Groundora also disclaims all liability for any liability and damages caused to you or others by (a) your access or use of the Groundora store in a manner not in accordance with our instructions; (b) any unauthorized access to servers, infrastructure, or data used in connection with the Groundora store; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Groundora store; (d) errors, inaccuracies, omissions, or losses in or for the data provided to us; (e) third-party content provided by you; or (f) defamatory, offensive, or illegal behavior of other persons.

You agree to limit any additional liability not excluded or denied by Groundora with respect to Groundora products to your direct and documented damages; and you further agree that under no circumstances shall such liability exceed, in total, the greater of the amount you paid to Groundora during the three-month period immediately preceding the event giving rise to your claim for damages, and 20 EUR.

These limitations of our liability to you shall apply regardless of the legal theory upon which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes

a. Binding Arbitration: In the event of any dispute, claim, or controversy arising out of or relating to statutory or common law claims, breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy arising out of these Terms of Use, but specifically excluding any dispute primarily related to the intellectual property of either party (such dispute will be resolved by litigation in the court in Rodez, France), it shall be determined by arbitration in Tallinn, Estonia before a single arbitrator.

b. Service of Process: Each party irrevocably and unconditionally consents to service of process by personal delivery to its principal place of business, registered address, or principal address (for individuals or sole proprietors). Nothing in these Terms of Use affects any party’s right to serve process on any other party in any manner permitted by law.

c. Class Action Waiver: To the fullest extent permitted by law, each party agrees that any dispute arising out of or related to these Terms of Use, whether in arbitration or in court, shall be conducted solely on an individual basis and not as a class, consolidated, or representative action. If, for any reason, a claim or dispute is pursued in court rather than through arbitration, each party knowingly and irrevocably waives any right to a jury trial in any action, proceeding, or counterclaim arising out of or related to these Terms of Use or any of the transactions contemplated between the parties.

d. Award of a Price: Subject to the limitations of liability set forth in these Terms of Use, the designated arbitrators may award monetary damages and any other remedy permitted by the laws of France. In making a decision, the arbitrator shall have no authority to modify the terms or provisions of this agreement. The arbitrator shall deliver a written and reasoned decision regarding the dispute (the “Price”) to each party, who shall promptly act in accordance with the Price. Any Price (including provisional or final remedies) may be confirmed or enforced by any competent court located in Tallinn, Estonia. The arbitrator’s decision shall be final and binding upon the parties and shall not be subject to appeal or review.

e. Fees: Each party shall bear half of the fees and expenses of the arbitrators, the stenographer’s attendance fees at the arbitration hearing, and the arbitration center’s fees. In any arbitration arising out of or related to these Terms of Use, the arbitrators shall award to the prevailing party, if any, the reasonable attorney’s fees and costs incurred by the prevailing party in connection with the aspects of its claims or defenses on which it prevails, and any allocation of attorney’s fees and costs shall be offset against each other.

f. Confidentiality: The parties shall maintain the confidentiality of the arbitration procedure, the hearing, and the Price, except (i) to the extent necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a judicial request as envisaged above for a provisional measure, or for the confirmation of a Price or its enforcement, (iii) our disclosure of the Price in connection with confidential settlement negotiations, or (iv) as required by applicable laws. The parties, witnesses, and the arbitrator shall treat as confidential and shall not disclose to any third party (other than witnesses or experts) any documents or other evidence produced in any arbitration under these terms, unless required by law or if such evidence has been obtained from the public domain or has been obtained independently of the arbitration.

g. Conflict of Rules: In the event of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 shall prevail. If any provision of these Terms of Use for arbitration is deemed invalid or unenforceable, it shall be so to the minimum extent required by law, and all other provisions shall remain valid and enforceable.

12. Governing Law

By using the Groundora store, you agree that the laws of France, without regard to its conflict of laws principles, will govern these Terms of Use and any dispute of any kind that may arise between you and Groundora.

13. Modification and Severability

We have the right to modify or add to the terms of these Terms of Use at any time, solely with prospective effect, and to modify, delete, discontinue, or impose Terms of Use on the Groundora store by posting such changes on our website or any other website that we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can see when these Terms of Use were last modified by checking the “Last Updated” date at the top of the page.

14. Contact Us

Email: [email protected]
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Contact form available here: https://Groundora.com/pages/contact