GENERAL TERMS AND CONDITIONS
Welcome to ORTOVOX’s Internet website: ORTOVOX.com.
ORTOVOX Sportartikel GmbH, Ortovox Canada and/or its affiliates ("ORTOVOX", “we” or “us”) provides website access and features to you subject to the following Terms & Conditions of Use (collectively the “Terms”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY ORTOVOX WEBSITE or PURCHASING ANY ORTOVOX PRODUCT. BY USING ANY ORTOVOX WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. PLEASE NOTE THAT SECTION 16 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT.
ORTOVOX reserves the right and will, in the future, modify or revise these Terms at its sole discretion, without any notice. When we make changes, we will update these Terms here. Your use of this Website and any other ORTOVOX Websites, including but not limited to: ORTOVOX.ca or ORTOVOX.com, and any other websites owned, operated or maintained by ORTOVOX now or in the future (the “Websites”) following any such revision constitutes your agreement to the revised Terms. You should check these Terms periodically for changes. The Websites and Content are the property of ORTOVOX and its licensors.
By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Websites. The Websites and the information contained in reference herein are for your personal, non-commercial use only. As long as you fully comply with these Terms, ORTOVOX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Websites.
1.COPYRIGHT
Both the contents, images, graphics and all other reproduceable things of value and the graphic design of ORTOVOX.com are protected by Canadian and International copyright. The reproduction, modification, distribution, partial reproduction or storage of information, including texts, images or layout of the website, requires the prior consent of ORTOVOX Sportartikel GmbH and Ortovox Canada. Violations will be prosecuted under civil or criminal law.
2. Your Account and Obligations.
If you use the Websites, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. You agree to accept full responsibility for all activities that occur under your account or password and you agree to notify ORTOVOX immediately of any unauthorized use of your ORTOVOX account or password, or any other breach of security of your ORTOVOX account. You understand and agree that you may be held liable for losses incurred by ORTOVOX and/or any other user of or visitor to the Websites due to someone else using your ORTOVOX username, password or account if you fail to keep your account information secure and confidential.
You may not use any other person’s ORTOVOX username, password or account at any time without the express permission and consent of the holder of that ORTOVOX username, password or account. If you are under 18, you may use ORTOVOX’s Websites only with involvement and approval of a parent or guardian. ORTOVOX will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify ORTOVOX at info@ortovox.ca immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any ORTOVOX Websites.
ORTOVOX may suspend or terminate your account and your use of any Websites if you fail to comply with these Terms, and ORTOVOX reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in ORTOVOX’s sole discretion.
Your use of the Websites is conditioned upon your agreement to comply with all applicable laws in connection with your use of the Websites, these Terms, and such further limitations as may be set forth in any written or online notice from ORTOVOX. In addition, you agree that all information that you provide to ORTOVOX in connection with any purchase, transaction or other interaction with ORTOVOX on the Websites will be accurate, complete, and current.
Regardless of intent or origin, you agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with ORTOVOX at the prices in effect when such charges are incurred.
By using the Websites, you agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Websites, including, without limitation, doing or attempting any of the following:
(1) probing, scanning, or testing the vulnerability of the Websites, their servers, systems or networks,
(2) breaching authentication/security measures,
(3) logging into a server or account or accessing data that you are not authorized to access,
(4) interfering in any way with the Websites’ services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or
(5) sending unsolicited email, and/or forging headers in any email or posting.
You agree that ORTOVOX may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, for any reason, including but not limited to:
(1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Websites,
(2) requests by law enforcement or other government agencies,
(3) a request by you,
(4) discontinuance or material modification of the Websites or any service offered on or through the Websites, or
(5) technical issues or problems.
You agree that ORTOVOX will not be liable to you or to any third party for termination of your access to the Websites. You also agree that any violation by you of these Terms will constitute at minimum an unlawful and unfair business practice, and will cause irreparable harm to ORTOVOX, for which monetary damages may be inadequate, and you consent to ORTOVOX obtaining any injunctive or equitable relief that ORTOVOX deems necessary or appropriate in such circumstances. If ORTOVOX initiates any legal action against you as a result of your violation of these Terms, you agree that ORTOVOX will be entitled to recover from you, and you agree to pay, all of ORTOVOX’s reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ORTOVOX. These remedies are in addition to any other remedies ORTOVOX may have at law or in equity.
3. Scope of validity
For all deliveries from the ORTOVOX online shop to customers (hereinafter referred to as "customer"), these General Terms and Conditions of Business exclusively apply in their version applicable at the time the order is placed.
A Customer is a consumer insofar as he is a natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, every natural person or legal entity or a legally responsible partnership that acts in his or its commercial or self-employed professional capacity when the contract is concluded is an entrepreneur.
Deliveries from the ORTOVOX online shop are carried out within the Canada by Ortovox Canada at: NRI Distribution 8195 Dallas Drive, Kamloops, BC, V2C 6X2, Canada
4. Contractual partner, customer service
The purchase is completed with ORTOVOX CANADA, Unit 110 4520 – 16 Ave NE Calgary Ab, T3B 0M6. You can contact ORTOVOX Customer Service regarding questions, complaints and objections between 8:00 a.m. and 5:00 p.m. (on Fridays to 3:00 p.m.) at the telephone number: 1-403-283-8944, as well as by e-mail at: info@ortovox.ca
5. Deviating conditions
Conditions of the customer deviating from these General Terms and Conditions of Business are not recognized, unless ORTOVOX expressly agrees to their validity in writing.
6. Offer and conclusion of contract, ordering process
The customer can select backpacks, bags, and other products from the ORTOVOX product line.
Using the "Add to shopping cart" button, the customer collects products that he wants to order in a shopping cart. The products can be removed from the shopping cart at any time by clicking the "Remove product" button. The selected products can be purchased by clicking the "Check out" button. By clicking on the "Buy now" button, the customer places a binding order for the products contained in the shopping cart.
Prior to submitting the binding order, the customer can view and change his entries at any time. In addition, all entries are displayed once again in a confirmation window before the submission of the binding order and can also be corrected there by means of the usual keyboard and mouse functions.
The order can only be submitted and transmitted if the customer accepts the General Terms and Conditions of Business by placing the appropriate check mark and thereby adds them to his order. Before submitting the order, the customer is informed of the right of withdrawal, availability of the products, delivery times and accepted payment methods.
The Privacy Policy of ORTOVOX applies to orders in the ORTOVOX online shop.
Confirmation of receipt of the order takes place by automated e-mail (confirmation of receipt) immediately after the order has been sent.
The confirmation of receipt simultaneously contains the delivery of a declaration of acceptance by ORTOVOX (order confirmation). The purchase contract is concluded by the delivery of the declaration of acceptance by ORTOVOX. The customer’s order is repeated in the order confirmation.
ORTOVOX reserves the right to withdraw from the purchase contract in the event a consumer actually acted in a commercial or self-employed professional capacity. In this respect, ORTOVOX reserves the right to verify information from customers if the scope of the order does not correspond to common household quantities.
The order confirmation contains these General Terms and Conditions of Business and the Privacy Policy as an attachment.
The order confirmation is stored by ORTOVOX. The order confirmation and the General Terms and Conditions of Business can be printed out by the customer via the "Print" function at any time. The order confirmation is decisive in terms of the content and scope of the contract. Side agreements, amendments, addenda, etc. require a separate confirmation which is sent in a separate e-mail.
7. Prices and payment terms
All specified prices are listed on the website but do not include applicable statutory sales tax. The purchase price, applicable taxes and shipping costs are clearly advised to the customer on the order page and in the order confirmation. The customer has the choice between the payment methods offered within the framework of the ordering process, payment by credit card (VISA and MASTERCARD are accepted).
8. Deliveries, handover of the products
Delivery takes place only within the Canada only. Orders are shipped by Canada Post Expedited. The delivery time is 3-10 working days (Monday to Friday, excluding holidays) after order confirmation. The delivery of the order takes place by delivery to the delivery address specified by the customer. If the product is not available at the time of ordering, ORTOVOX shall inform the customer thereof prior to the order being placed. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, ORTOVOX shall also have the right to withdraw from the contract. ORTOVOX will immediately reimburse the customer for any payments already made.
9. Retention of title
The products delivered remain the property of ORTOVOX until full payment.
10. Statutory defect liability law
In the case of contracts with consumers, the statutory liability for defects applies. ORTOVOX assumes no responsibility for the options selected by the user, such as selection of the order quantity or the product type. Deviations of the ordered or delivered products from the order, in particular with regard to material and color, remain reserved for technical reasons.
An additional guarantee exists only if it was expressly issued in the order confirmation regarding the respective product. Claims of the customer for damages are excluded. This excludes claims for damages of the customer arising from injury to life, body, health or the contravention of essential contractual obligations as well as liability for other damages which are based on a deliberate or grossly negligent breach of duty by ORTOVOX, their legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of the contravention of essential contractual obligations, ORTOVOX shall only be liable for typically foreseeable damage if it was simply caused negligently, unless it concerns claims for damages of the customer arising from injury to life, body or health.
The restrictions shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
We believe in the durability of our products. We believe in the best customer support. We believe in collective action to reduce our environmental impact. ORTOVOX CANADA offers a repair service in addition to product replacement for damaged products. As long as it is technically possible and the repairs will not compromise performance of the product, our preference is always to repair your damaged pack. The ORTOVOX Promise policies vary globally. The provisions of the Product Liability Act shall remain unaffected.
11. Returns
The consumer shall be able to make a return with valid reason within thirty days. The return period shall be thirty days from the day on which the consumer purchased the products.
The products must be in new, unused, original tags affixed and in original packaging for ORTOVOX to accept the return. Return shipping costs are the responsibility of the customer.
In order to exercise a return, the consumer must contact ORTOVOX In writing to obtain a Return Authorization number (RA#). The RA# must be clearly written on the outside of the package and on any correspondence. T
Return must be addressed to:
ORTOVOX CANDA
ATTN: Returns Department
NRI Distribution
8195 Dallas Drive, Kamloops, BC, V2C 6X2
Phone: 1-403-283-8944
E-mail: info@ortovox.ca
The consumer must return the products to ORTOVOX within ten business days of receiving their RA#. The deadline is kept if the consumer sends the products before the expiry of the period of thirty days.
The products must be returned at the consumer’s risk. If the order is cancelled or returned, ORTOVOX shall pay back to the consumer all payments received by ORTOVOX, not including the delivery costs, immediately and at the latest within thirty days of the day on which the notification about the return was received by ORTOVOX. The same payment method which the consumer used in the original transaction is used for the repayment the consumer shall not be charged any fees for this repayment in any case. ORTOVOX can refuse repayment until ORTOVOX has received the products in the appropriate condition.
The consumer shall only pay for any loss of value of the products if this loss in value is attributable to an unnecessary handling of the products for testing the properties, characteristics and functionality of the products.
12. Consumer Data Collection
ORTOVOX collects customer data in connection with order processing. ORTOVOX undertakes to treat as confidential the personal data of the customers in accordance with the data protection provisions (in particular the CCPA, GDPR, the Federal Data Protection Act and the Teleservices Act).
For detailed information on data protection, please see our Data Protection Declaration. ORTOVOX CANADA does not sell your data or personal information to any third party. Data collected by ORTOVOX CANADA maybe used by other ORTOVOX companies including ORTOVOX GmbH.
The Data collected by ORTOVOX CANADA includes the following:
* Name
* Originating IP Address
* Online identifier or any unique identifier
In addition to the above ORTOVOX collects the following data when completing a purchase or a credit card transaction.
* Postal address
* Shipping Address
* IP address
* Email address
* Account name
* Driver’s license info
* Purchasing history
* Geolocation
* Audio/video
* Information on any purchase(s)
* Commercial information
* Personal property, products or services purchased, obtained or considered
* Other purchasing or consuming histories or tendencies
You have the right to delete any data or personal information collected by ORTOVOX. Please fill out this form and forward to ORTOVOX. It may take 2-3 weeks to process and delete any data collected. Any data collected to process a credit card or to complete a transaction from ORTOVOX will not be deleted.
13. WARNING: CLIMBING, MOUNTAINEERING, TRAIL RUNNING, SKIING, HIKING, WALKING, AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS.
By purchasing or using any ORTOVOX equipment in any manner, you agree that you are: (1) personally and solely responsible for: (a) learning and knowing the limits and capabilities of the equipment and yourself, (b) the proper use of and techniques for such equipment, (c) making responsible, sound decisions in changing situations, and (2) assuming all risks and accepting full and complete responsibility for any and all damages and injury of any kind to yourself or others, including death, paralysis, and serious injury, which may result from or is related to your use of any equipment manufactured by or purchased through ORTOVOX, its partners, Websites, or retailers.
In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY ORTOVOX, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY ORTOVOX WEBSITES, CATALOGS, PUBLICATIONS, OR OTHER ORTOVOX MATERIALS.
Resources like the ORTOVOX Websites and publications can provide useful information and tips, but they are no substitute for good decision-making, safe and appropriate use of equipment, or professional instruction for the numerous hazardous situations in which you may choose to use ORTOVOX products.
14. Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ORTOVOX, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY ORTOVOX, BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR IMPROPER USE OF THE WEBSITES, YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY FOR ORTOVOX.
15. Applicable Law; Dispute Resolution; Arbitration; Jury and Class Action Waiver; Miscellaneous Provisions
By visiting or using any ORTOVOX Websites, you agree that:
(1) All matters relating to these Terms, and/or your access to or use of the Websites, including all disputes, will be governed by the laws of Canada and by the laws of Alberta Canada without regard to its conflicts of laws provisions.
(2) In the event of any controversy or dispute between ORTOVOX and you arising out of or in connection with these Terms and/or your use of the Websites, ORTOVOX and you shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may request that such controversy or dispute be mediated. The mediation may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the mediation shall take place in Calgary, Alberta, Canada. If the dispute is not resolved through mediation within a reasonable time (not to exceed sixty (60) days from the mediation request), then the parties shall be free to pursue any right or remedy available to them under applicable law through binding arbitration as described below.
(3) Binding arbitration: In the event of any dispute arising under or relating to these Terms your access to or use of the Websites (including products or services sold or distributed by ORTOVOX through ORTOVOX Websites), such dispute will be finally and exclusively resolved by binding arbitration.
NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH AS EACH PARTY'S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Alberta Arbitration Act. The arbitration shall be commenced and conducted under the Arbitration Act of Canada. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Calgary, Alberta. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Alberta Arbitration Act and federal arbitration law apply to these Terms.
(4) Class action waiver: Any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there shall be no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there shall be no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(5) You hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection that you may now or hereafter have to such jurisdiction and venue and (b) any claim that any such arbitration proceeding has been brought in an inconvenient forum. Note that the preceding provision regarding venue may not apply if you are a consumer based in the European Union, however, in all cases, the United Nations Convention on Contracts for the International Sale of Goods shall not apply in any dispute arising out of or related to these Terms;
(6) Any and all claims arising out of or related to these Terms must be brought by you within one (1) year after the cause of action arises, or such claim or cause of action is forever and irrevocably barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
(7) No recovery may be sought or received by you against ORTOVOX for damages other than your out-of-pocket expenses, excluding attorney fees.
(8) A printed version of these Terms and of any notice given in electronic form shall be admissible in any mediation or arbitration proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All headings in these Terms are for convenience or reference only and shall be ignored in construing these Terms.
(9) ORTOVOX’s failure to enforce all or any part of these Terms or respond to a breach thereof by you or any other party shall not in any way be construed as a waiver or a relinquishment of any right granted ORTOVOX hereunder of the future performance of all or any part of these Terms, and your obligations set forth in these Terms shall continue in full force and effect.
(10) If any provision in these Terms is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect.
(11) These Terms contain the entire and final agreement regarding ORTOVOX Websites and their Content and supersede any prior or contemporaneous communications between you and ORTOVOX regarding the Websites.
(12) Any offer for any feature, product or service made on the Websites is void where prohibited. If you choose to access the Websites from outside Canada, you are solely responsible for complying with applicable Canadian and local laws. Although the Websites may be accessible worldwide, not all products or features provided or offered through the Websites are available in all geographic locations, or available (legally or otherwise) for use outside of Canada. ORTOVOX reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Websites to any person or geographic area.
(13) All rights not explicitly granted in these Terms are hereby reserved by ORTOVOX.
(14) By continuing to use the ORTOVOX Websites, you hereby agree and intend to be bound by these Terms.