Terms and Conditions
This web shop is owned and managed by TRESU Group
TRESU A/S · 44, Venusvej · DK-6000 Denmark · Denmark · VAT no: 15302798
Tel. +45 76 32 35 00 · E-Mail: firstname.lastname@example.org
Customer support by
TRESU Royse Inc. · 8517 Directors Row · TX 75247 Dallas · United States
Tel. +1 214 774 1600 · E-Mail: email@example.com
Terms and Conditions of Use
The paragraphs below contain important information regarding use of www.tresuroyse-webshop.com (hereinafter, the “Website”). For purposes of these terms and conditions of use (the “Terms”), each party utilizing the Website shall be referred to herein as the “User(s)”. Use of the Website indicates that the User has read, agrees to and accepts the Terms. If the User does not agree to and accept the Terms, then the User shall not be authorized to use the Website, including the purchase of products offered for sale through the Website. The Terms govern use of the Website, including all content, which shall include but not be limited to text, data information, the TRESU Royse Webshop (as further described herein), software, graphics or photographs (collectively the “Content”) which TRESU, and/or any wholly owned subsidiaries or affiliated entities of TRESU(collectively the “TRESU Parties”), make available through the Website.
TRESU grants the User a nonexclusive, nontransferable, revocable, limited license to access and use the Website only for the purposes of furthering its relationship with TRESU, which shall include viewing TRESU products, services, and additional information related to TRESU through the Website, and use of the TRESU Royse Webshop to purchase TRESU products. Use of the Website for any other purpose is strictly prohibited. As between User and TRESU, TRESU owns the Website. The Website is protected under United States and international copyright laws, and any unauthorized use of the Website by User may violate copyright, trademark, and other laws.
User agrees not to use the Website, including the Content: (a) in a manner that violates any United States or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; or (d) to interfere with or disrupt the Website. The User further agrees not to (x) decompile, reverse engineer, disassemble, transfer, distribute resell, sublicense, or use to create any derivative works any portion of the Website or Content; or (y) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
This Website and the Content are provided on an "as is, as available" basis, and TRESU expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. TRESU disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the Website and/or the Content, including but not limited to technical inaccuracies and typographical errors; (b) the unavailability of the Website or any portion thereof; (c) User’s use of the Website or the Content; (d) User’s use of any products in connection with the Website or the Content; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on this Website.
TRESU will make commercially reasonable efforts to ensure a virus free environment, a reliable operational schedule and to provide timely correction of Content known to be inaccurate. Notwithstanding the foregoing, TRESU does not represent or warrant that this Website or the Content will be correct, accurate, timely, error-free, or free of viruses or other harmful components, that defects will be corrected or that the Website will always be accessible or otherwise reliable.
TRESU Proprietary Information
© 2012 TRESU ROYCE, Inc. All rights reserved. TRESU claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Website, the overall design of the Website and the selection, arrangement and presentation of all materials on the Website, including information in the public domain. User agrees that the Website and Content are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly provided in the Terms or Terms of Sale (as further described herein), nothing contained herein shall be construed as conferring to User any license or right under copyright or other intellectual property right law. No part of the Content may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in the Terms.
User may photocopy printouts of the Content and incorporate such copies into reports and other materials prepared by a User for his, her or its own customers. In addition, User may distribute copies of Content to the extent permitted under the "fair use" provisions of the Copyright Act of 1976 (17 U.S.C. §107). These provisions state that several factors must be considered when determining whether the use made of a work in any particular case is a "fair use," such as whether the use is of a commercial or non-profit nature, the amount and substantiality of the portion used in relation to the work as a whole, and the effect of the use upon the potential market for or value of the work. TRESU is not able to give legal advice to Users as to whether a particular type of use constitutes "fair use."
Notwithstanding the provisions above, User is not permitted to use Content as a component of, or basis for, a database prepared for use by User or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of TRESU’s or third party copyright and/or other intellectual property rights notices.
TRESU and any other product or service name or slogan or logo contained in the Website are trademarks of TRESU, and/or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TRESU or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with TRESU or the applicable trademark holder. User may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of TRESU without TRESU's prior written permission. In addition, the Website’s design (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of TRESU and may not be copied, imitated, or used (in whole or in part) without TRESU's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by TRESU.
User Proprietary Information
TRESU agrees that it has no rights to the data, documents, information or material that User submits in the course of using the Website ("User Data"), except as otherwise stated in the Terms. User, and not TRESU, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and TRESU shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. TRESU MAKES NO REPRESENTATION OR WARRANTY THAT ANY USER DATA SUBMITTED TO TRESU WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND USER AGREES TO MAINTAIN DUPLICATE COPIES OF ALL USER DATA SUBMITTED TO TRESU.
- TRESU will not sell, share, or rent User Data to others, except as necessary to complete transactions facilitated through the Website;
- In completing a purchase through the Website, TRESU requests information from each User such as a billing address and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill User orders. If TRESU has trouble processing an order, this contact information is used to contact the User. To the extent necessary, this information is provided to credit card processing companies and other third parties whose services may be necessary to complete the order;
- TRESU uses IP addresses to analyze trends, administer the Website, track User movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information;
- TRESU may from time to time share aggregated demographic information with its business technology partners. This is not linked to any personal information that can identify any individual User. TRESU may from time to time partner with another party to provide specific products or services. When the User purchases these products or services, TRESU will share names or other contact information that is necessary for the third party to complete the order. These parties are not allowed to use personally identifiable information, except for the purpose of completing the order;
- In order for TRESU to properly fulfill its obligation to Users, it is necessary for TRESU to supplement User Data with information from third party sources. For example, to determine if a User qualifies for available credit, TRESU uses their name and social security number to request a credit report. Once TRESU determines a User’s credit-worthiness, this document is destroyed;
- Users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to the Website at the point where TRESU asks for the information. For example, the TRESU order form has an ‘opt-out’ mechanism so Users who buy a Product from TRESU, but do not want any marketing material, can keep their email address off the lists TRESU uses for promotional purposes. Users who no longer wish to receive TRESU promotional materials may opt-out of receiving these communications by changing the newsletter subscription;
Limitation of Liability
TRESU will not be liable for any loss, injury, claim, liability, or damage of any kind resulting from User’s use of the Website or the Content. TRESU shall not be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with use of or inability to use the Website or the Content. To the extent the foregoing limitation of liability is prohibited by applicable Law or fails of its essential purpose, TRESU’s sole obligation to any User for damages shall be limited to $100.
Exclusions and Limitations
Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability contained in these Terms may not apply to specific Users. To the extent that TRESU, or any of the TRESU Parties, may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TRESU's liability shall be the minimum permitted under such applicable law.
Webshop; Terms of Sale.
Contained within the Website is TRESU’s Webshop, containing various products and accessories (the “Products”) which Users may purchase from TRESU. In addition to the Terms, Users purchasing Products through the Webshop shall be subject to the following Terms of Sale, and any User purchasing Products through the Webshop agrees to be subject to these Terms of Sale and the documents incorporated by reference therein. TRESU may provide certain Products under the terms of a separate agreement between User and TRESU (each a "Supplemental Agreement"). To the extent of any conflict between the Terms of Sale below and any Supplemental Agreement between the User and TRESU, the terms of the Supplemental Agreement will control. In the event circumstances arise which are not covered by the Terms of Sale or a Supplemental Agreement, the terms of Orgalime S 2000, General Conditions for the Supply of Mechanical, Electrical and Electronics products, shall govern those aspects of the transaction not covered by the Terms of Sale or Supplemental Agreement. If the User is accepting the Terms of Sale on behalf of another person or a company or other legal entity, the User represents and warrants that it has full authority to bind that person, company, or legal entity to the Terms of Sale.
The Terms of Sale are as follows:
- Purchase Orders, Invoicing and Payment. Upon User’s placement of an order though the Webshop, TRESU will confirm receipt of the User’s order with a purchase receipt sent electronically to the email address provided by User. The User will pay for the Products by credit card on the Webshop at time of purchase.
- Product Pricing. All prices described in the Webshop are subject to confirmation by TRESU at the time an order is placed by User. TRESU may modify the prices in the Webshop at any time.
- Shipping. TRESU will use commercially reasonable efforts to ship all Products to User in accordance with the estimated delivery date and shipping address provided by User at time of order. Shipping charges will be estimated on the Website and stated on User’s final invoice prior to completion of purchase. User is responsible for all shipping Charges.
- Product Warranty and Returns. TRESU warrants that the Products will conform to the Product descriptions set forth in the Webshop or applicable Product literature. This warranty shall extend for a period of 12 months from the date of User’s receipt of the Product, and shall not apply to damage or injury resulting from accident, misuse, improper storage or neglect, or from alteration of any Product. It is the responsibility of the User to use reasonable care in the maintenance, use and storage of the Products. Products which are found to be defective may be returned to TRESU for replacement and TRESU agrees to pay for all shipping to and from TRESU for Products confirmed by TRESU to be defective. There are no warranties which extend beyond the description set forth in this paragraph, and TRESU HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Risk of Loss. TRESU shall maintain the risk of loss of the Products until such time as the Products are placed with a common carrier for delivery to User, at which time User will assume the risk of loss. User will be responsible for the cost of insuring the Products.
- Limitation of Liability. TRESU’s liability for any Product shall be limited to the amount paid by User to TRESU for the Product. In no event shall either party be liable to the other for any SPECIAL, INCIDENTAL or CONSEQUENTIAL damages, whether arising from tort, contract, warranty, defects, or from any other cause.
- Governing Law; Legal Fees. The Terms of Sale will be governed by and construed in accordance with the laws of Texas, and venue for any dispute shall be solely in Texas. To the extent allowed by law, each party hereby waives its right to a jury trial in any litigation against the other party. User submits to the jurisdiction of the courts of Texas to resolve any dispute related to sale of a Product. Should any party institute legal action concerning the restrictions hereunder, the enforcement of any of the terms and conditions of the Terms of Sale, or the rights and duties of the parties in relation to each other, the prevailing party will be entitled, in addition to such other relief as may be granted, to recover reasonable attorney's fees and all other related court costs.
Modifications to the Website
Terms. TRESU reserves the right to modify, suspend, or discontinue the Website at any time without notice to User. For example, TRESU may make changes to the Content, or to the Products and prices described in the Website or Webshop, at any time without notice. The Content may be out of date and TRESU makes no commitment to update the Content whatsoever. Information published on the Website may refer to Products, programs, or services that are not available in User’s country. The User should consult the regional TRESU business contact for information regarding the Products, programs, and services that may be available. Additionally, TRESU may, in its sole and absolute discretion, change these Terms from time to time. If User objects to any such changes, the User’s sole recourse shall be to cease using the Website. Continued use of the Website following notice of any such change shall indicate User’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Links to Third-party Websites
Any links on the Website to third-party websites are provided solely as a convenience to the User. The User using these links agrees and understands that it is leaving the TRESU Website, and that TRESU is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the Products, services, or content available through the same). Thus, TRESU does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If the User decides to access any of the third-party websites linked to from the Website, the User does this entirely at its own risk.
U.S. Government Restricted Rights
Any Content which is downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), are subject to the provisions of FAR 12.211 - "Technical Data", and FAR 12.212 - "Computer Software" , or to clauses providing TRESU equivalent protections in DFARS or other agency specific regulations.
International and Export Issues
TRESU administers the Website from its offices in Bjert, Denmark. TRESU makes no representation that the Website is appropriate or available for use outside Denmark and access to the Website from territories where its contents are illegal or restricted is prohibited. If a User chooses to access the Website from outside Denmark, the User does so on its own initiative and is responsible for compliance with applicable laws. Users agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with the Users use of the Website and to not, in violation of any laws, transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any laws.
User agrees to indemnify, defend and hold harmless TRESU, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by User.
When a User visits the Website, sends e-mails or uses the “Contact Us” portion of the Website to contact TRESU, it is communicating with TRESU electronically. TRESU may respond to the User by e-mail or by posting notices on the Website. The User agrees that all such notices, disclosures, and other communications that TRESU provides to User electronically satisfy any legal requirement that such communications be in writing.
Neither party will be responsible for delays or failures in performance resulting from acts or events beyond its reasonable control that prevent its performance of a transaction contemplated under the Terms, including the Terms of Sale. Force majeure events will include, but not be limited to, acts of God, riots, acts of war, terrorism, epidemics, earthquakes, fires, floods, strikes, civil insurrection, non-availability of materials or components required by TRESU to manufacture the Products, or other similar events. If a force majeure event impacting either party’s performance continues for a period longer than six months, the other party may terminate this transaction upon written notice and the parties will have no further obligations hereunder other than the executory obligations existing at the time of termination and the obligations which by their terms extend beyond the date of termination.
Binding Upon Parties
The Terms shall be binding upon, shall inure to the benefit of, and shall be enforceable by the User and TRESU, and their successors and assigns.
Any term or provision of the Terms that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
Should any party institute legal action concerning the restrictions hereunder, the enforcement of any of the Terms, or the rights and duties of the parties in relation to each other, the prevailing party will be entitled, in addition to such other relief as may be granted, to recover reasonable attorney's fees and all other related court costs.
These Terms, together with any additional terms to which Users agree when using particular elements of the Website or dealing directly with TRESU, constitute the entire and exclusive and final statement of the agreement between the User and TRESU with respect to the subject matter hereof, superseding any prior agreements or negotiations between User and TRESU with respect to such subject matter. All TRESU Parties are third party beneficiaries with respect to these Terms. These Terms and the relationship between User and TRESU shall be governed by the laws of Texas as applied to agreements made, entered into, and performed entirely in Texas by Texas residents, notwithstanding User’s actual place of residence. All lawsuits arising from or relating to these Terms or use of the Website shall be brought in the Federal or State courts located in Texas, and User hereby irrevocably submits to the exclusive personal jurisdiction of such courts for such purpose. The failure of TRESU to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, User nevertheless agrees that the court should endeavor to give effect to the intentions of TRESU and User as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of User’s use of the Website. These Terms will be interpreted without application of any strict construction in favor of or against User or TRESU. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by TRESU without restriction.
TRESU reserves the right to investigate complaints or reported violations of the Terms and to take any action TRESU deems appropriate, including without limitation reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
User agrees to abide by all applicable United States and international laws, treaties and regulations in connection with User’s use of the Website, including those related to data privacy, international communications and the transmission of technical or personal data. Users agree to: (i) notify TRESU immediately of any unauthorized use of any password or Account or any other known or suspected breach of security; and (ii) report to TRESU immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of Content that is known or suspected by User. TRESU agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with its operation of the Website and User Data, including those related to data privacy, international communications and the transmission of technical or personal data.
Each and every time the User accesses the Website, the User reaffirms its consent to these Terms, as such Terms may be amended from time to time.