The following Terms of Sale apply to sales at www.gaiteye.com (”the Web Shop”). You are instructed to read these Terms of Sale before placing any orders. By approving an order, you confirm that you accept these Terms of Sale including our privacy statement. These Terms of Sale may be updated by Insenco Aps in the future.
2. The Gaiteye™ Services
Gaiteye is a brand owned by Insenco Aps, which is a limited company, incorporated under Danish law with the Danish Commerce and Companies Agency, company registration number (cvr.no) 35 53 13 27, having its registered address at Nørregårdsvej 45, DK-2610 Roedovre, Denmark. In the following known as (“Insenco Aps”, “Gaiteye™” or “We”)
Gaiteye offers Services that help you to achieve optimal running performance. Services are rendered to and accessed by you via the Internet or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) (“Device”) of your own choice. Your carrier’s normal rates and fees apply.
3. Age Restrictions
The Services are intended solely for Users who are thirteen (13) years of age or older and it is a violation of the Terms for anyone under 13 to register for the Platform. Thus, you represent and warrant that you are 13 or older. If you are 13 or older, but under the age of 18, you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child, agrees and accepts full responsibility for his or her child’s use of the Services, including all financial charges and legal liability that such child may incur.
4. Disclaimer of Warranties and Liability
4.1 All Services provided “AS IS”
The Services are provided “AS IS” without any express or implied warranties of any kind. Insenco Aps disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Insenco Aps cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the Services or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Insenco Aps undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Insenco Aps is not liable for any communications between Insenco and you. You bear the responsibility and cost of your choice of data transmission facilities. However, your carrier’s normal rates and fees apply.
4.2 Personal Safety Notice
You understand and agree that all your athletic and / or recreational activities using the Services may have inherent, implicit and / or expressed risks of bodily injury or death and / or property damage.
You understand and agree that you voluntarily and at your own free will assume all known and unknown risks associated with such athletic or recreational activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Insenco Aps or others.
You understand and agree that Insenco Aps will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilizes Insenco’s Services; Irrespective of any information or Content related to the Services, Insenco Aps encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be due diligent when exercising.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.
4.3 No Medical advice on physical activity
Insenco’s Services may include features that promote certain physical activity. However, you understand and agree that Insenco Aps do not provide medical advice through the Services. You need to consider the risks involved and may need to consult with your medical professional before engaging in any physical activity. Insenco Aps is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the Services, delay or negligence in seeking medical advice from your medical professional.
4.4 Amateur athlete eligibility
Insenco Aps assumes no responsibility or liability for your use of the Services resulting in your ineligibility as an amateur athlete. Check with your amateur athletic association for the rules that apply to you.
4.5 Limitation of Liability
To the fullest extent permitted by law, Insenco Aps, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Insenco Aps has been advised of the possibility of such damages. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law.
If links are established to a third-party website, Insenco Aps is not liable for the contents of such third-party websites. This includes links to partner’s website that may use Gaiteye’s logos as part of a co-branding agreement.
You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of the Services and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
5. Price and Payment
The prices at the Web Shop are current prices and may be changed at any time. Insenco Aps is not bound by price indications in the Webshop which the customer must reasonably or apparently understand are incorrect and which, for example, have occured due to technical problems in the web platform or rates that have been manipulated by the customer.
Prices are inclusive of local VAT and are payable in the currency indicated at the Web Shop. At the checkout stage and once the customer has registered with billing and shipping address, the customer will be able to see the total price including all fees, taxes, shipping and method of payment.
For non-EU customers, additional VAT, customs charges and other levies may be incurred by your local Customs Authority on your import, at applicable rates. At the present time we do not sell to US or Canada.
Payment can be made by credit card (VISA, Maestro, Mastercard), Paypal or as may otherwise be instructed at the Web Shop. The amount will be charged your credit card and deducted from your account at the time of shipment from our factory.
NOTE: However during the pre-order period between 1. September 2014 and 31. January 2015, the amount will be charged to your credit card and deducted from your account upfront at the time of completing the order. In return the items are sold at a favorable discounted price.
Where payment is subject to validation and/or authorisation by a card issuer or bank or to credit validation, any Order Confirmation is subject to such validation or authorisation. We co-operate with an authorized payment service provider (PSP), who processes your personal details in accordance with the international security standard PCI DSS, developed by international credit card companies such as VISA, MasterCard and Diners. All transactions will be sent through SSL (Secure Sockets Layer) in encrypted form and all card details and payment information will be protected and processed with a high level of security.
6. Promotions and discount codes
All campaigns with reduced price are limited in time. Multiple offers can normally not be combined. A discount code or voucher is only valid once per customer and purchase. In case of obvious misuse of offers, such as coupons and promotion codes, the Web Shop reserves the right to cancel the order in question.
On orders eligible for a gift or discount the value of the gift/discount is considered as a general discount on the total amount of the order. If part of or the entire order is sent back for exchange or refund the value of the returned merchandise is recalculated and the purchase price minus the relative share of the overall discount will only be credited.
Promotions and discount codes are only valid on new orders and cannot be applied retrospectively.
Insenco Aps use Post Danmark for domestic deliveries in Denmark and DHL Express for international deliveries. The delivery is from door to door including the option to track and trace the order.
Insenco Aps always aim at delivering your order as soon as possible. Normally orders of items in stock received before 12:00 GMT, will be shipped the same day ensuring delivery within maximum 2-3 working days in EU and 8-10 working days outside EU. Orders of items in stock made after 12:00 GMT will not be shipped until the following day.
Delivery times are estimates only and particularly during high season (e.g. Christmas) deliveries may take longer than normal. Insenco Aps cannot be held responsible in any way for delays occurred by our distribution partners. However in case of a delay in delivery of more than fifteen (15) business days beyond the estimated delivery time stated above or if the package does not arrive at all, you may cancel your order subject to written notice to us. Insenco Aps will in such cases credit any payment made by you. Alternatively Insenco Aps will ship a new item at the expenses of the company.
You are asked to always inspect delivered items upon delivery and report any deviations found as stated under Returns & Withdrawal Policy in section 6.
7.1. Pre-Order Delivery Policy
Insenco Aps plans a market release of the Gaiteye Sensor and all items found in the Web Shop on the 29. August 2014. In the months from 1. September – End of January 2015 Insenco Aps will be collecting pre-orders at a discounted favorable price when using active coupon codes. This is in connection with a crowdfunding campaign to gather funding for further production. The items will be sales released in the March 2015 and shipped to the respective customers before end of March 2015.
8. Consumer Protection Legislation
Insenco Aps offers 24 months of consumer protection legislation according to Danish law. This involves fabrication or material flaws that occurs during normal usage of the item. The Consumer Protection Legislation does not cover flaws or damages followed by incorrect usage or insufficient maintenance of the item. Incidents under the Consumer Protection Legislation of flaws and damages, which can be found under normal examination of the item, should be reported to Insenco Aps within a reasonable timeframe being no more than 2 months after receiving the item. The item can hereafter be returned to Insenco Aps and a replacement will be shipped. Insenco Aps will cover the freight costs.
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9. Return & Withdrawal Policy
Insenco Aps accepts a return period of 14 days.
If the package and/or the content is damaged upon arrival or has been opened in any way (seal broken), please report it to the courier upon delivery and contact us at email@example.com . Always keep your receipt. If you notice any damages or if any part is missing, when you unpack your items please contact us at firstname.lastname@example.org .
Insenco Aps shall if under the jurisdiction of our return policy, refund you what you have paid for the product/s and or services as soon as possible, but latest within 30 days of the product being returned to us in an acceptable condition. When the item has been returned and approved, the reimbursement of costs incurred will be transferred to your bank account. Insenco Aps will therefore need necessary information regarding bank account number and IBAN or SWIFT codes.
NOTE – Insenco Aps does not cover the costs of returning goods.
10. Warranty and Support Services
There is a 2 year warranty service on the Gaiteye Sensor. The customer is required to activate the warranty services within 14 days after receiving the item. The activation is done when typing in the serial number of your sensor during the final stages of your account setup in the Gaiteye App that can be downloaded from the App. store and by 2015 in Google Play.
Our customer support team are standing by to help you with any queries you might have. You can always get hold of a member of our team through our online chat services found in the bottom right hand corner on www.gaiteye.com. If we are not online, please leave a message and we will be sure to get back to you within 48 hours.
11. Intellectual Property Rights – Use Restrictions
All Intellectual Property to Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the property of Insenco Aps, its subsidiaries or Insenco’s business partners and is protected under Danish and other copyright laws, patent and trademark laws and other legislation. “Content” includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. Insenco Aps, its subsidiaries and its respective partners reserves all rights to Content not expressly granted under these Terms. The Gaiteye name, the Gaiteye logo are the exclusive trademarks of, and are owned by, Insenco Aps and may not be used or displayed in any manner without the prior written permission from Insenco Aps.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
12. User Conduct and User Generated Content
To use all the Services available, you must create a Gaiteye account by direct sign up via the App or by usage of another sign up feature made available by Insenco Aps via the Services. Any signup is subject to you providing the true, accurate and complete personal information (“User Data”) as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue delay update your User Data when relevant.
You are responsible for any actions that take place while using your Gaiteye account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Insenco Aps is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Gaiteye in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.
12.1 User Conduct and User Generated Content
You are solely responsible for your interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, pep talks, friendly competition etc. Insenco Aps assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. Insenco Aps is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. If Insenco Aps chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Insenco Aps do not monitor or prescreen User Generated Content prior to posting. Insenco Aps do not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services.
Insenco Aps reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason.
You acknowledge, consent and agree that Insenco Aps may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Insenco Aps, its Users and the public.
Insenco Aps reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.
Insenco Aps may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any Users account and User Generated Content and further to restrict Users use of all or any part of the Services. Insenco Aps also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
14. Applicable Law
Services are rendered to you under and in accordance with Danish law. Any dispute between you and Insenco Aps is governed in all respects by Danish law, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods (CISG).
You agree that any notice, agreement or other disclosed communication that Insenco Aps sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All notifications, questions and comments to Insenco Aps relating to these Terms can be submitted via email to email@example.com