DISCLAIMER – TERMS OF USE WEBSITE / WEB SHOP SILENCE SKATEBOARDS

  1. Legal notices

© Silence Skateboards, 2016

Silence Skateboards

16 Place de Houffalize, 1030 Schaerbeek – BELGIUM

  1. Acceptance of Terms of use

Use of this web site (i.e. www.silenceskateboards.com) is conditioned upon users acceptance of the terms of use contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms of use set forth in this legal notice. SILENCE SKATEBOARDS, reserves the right to modify the terms of use at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name www.silenceskateboards.com is owned by SILENCE SKATEBOARDS.

  1. Trademarks

This web site contains many trademarks, trade names, service marks, copyrights and/or logos of SILENCE SKATEBOARDS. User agrees that it will not change, modify and/or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.

  1. Prohibited Use

Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc. By using this web site, user agrees that any and all information transmitted to or with the use of this web site cannot and shall not be deemed confidential or proprietary. SILENCE SKATEBOARDS reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. SILENCE SKATEBOARDS, its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action SILENCE SKATEBOARDS determines appropriate under the circumstances.

  1. Third Party Relationships

This web site may contain several links to other sites. These links are provided merely to assist the user. These sites are independent of SILENCE SKATEBOARDS site and SILENCE SKATEBOARDS does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by SILENCE SKATEBOARDS. The inclusion of a link does not mean that SILENCE SKATEBOARDS accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. SILENCE SKATEBOARDS, and it’s officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

  1. Modifications

This web site may contain typographical errors or technical inaccuracies. SILENCE SKATEBOARDS reserves the right to modify the content of this web site at any time without prior notice. SILENCE SKATEBOARDS failure to enforce any section of these terms of use shall not be construed as a waiver of such provision. SILENCE SKATEBOARDS may revise these terms of use for its web site at any time without notice. By using this web site the Customer is agreeing to be bound by the Terms of Use applicable at the time the order the Customer is submitting is accepted by SILENCE SKATEBOARDS. Before the Customer submits an order, he will be required to confirm that he has read and accepted these sale terms. Therefore, prior to submitting an order, it is highly suggested that the Customer should save a copy of these Terms of Use.

  1. Severability

If one or more of the provisions contained in these terms of use are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms of use and the balance of these terms of use shall be enforceable.

  1. Warranties & Limitation of Liability

SILENCE SKATEBOARDS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SILENCE SKATEBOARDS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARRISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

  1. Force Majeure

Notwithstanding any other provision set forth in these terms of use, SILENCE SKATEBOARDS shall not be liable for any failure or delay in its performance due to any cause beyond SILENCE SKATEBOARDS reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that SILENCE SKATEBOARDS shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  1. Indemnification

User hereby agrees to indemnify, defend, and hold harmless, SILENCE SKATEBOARDS, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this web site. SILENCE SKATEBOARDS has the right to control any defense pertaining to this section.

  1. Relationship

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

  1. Contract Formation

Once an order is submitted, it is deemed that the customer has agreed to, and is bound by, the terms of use herein described by SILENCE SKATEBOARDS The contract between SILENCE SKATEBOARDS and the Customer will only be concluded after acceptance by SILENCE SKATEBOARDS of the order submitted.That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Customer at the time SILENCE SKATEBOARDS sends the e-mail of confirmation to the customer that the product is available and has been shipped. This confirmation will be sent at the e-mail address the latter has entered during the ordering process (whether the Customer receives that e-mail or not). For the avoidance of doubt, any such contract will be deemed to have been concluded in Belgium. SILENCE SKATEBOARDS may, at its discretion, refuse to accept an order for any reason including the fact:

  • That the product is no longer available on its website / web shop
  • There is an error relating to the price or the description of the product on the website / web shop
  • There is an error or a lack of precision in the information provided by the Customer in the submitted order

Specifically regarding product availability, the inclusion of any product on the website / web shop, does not guarantee that this product will be available at the time the order is submitted.

  1. Prices/Shipment Charges

SILENCE SKATEBOARDS reserves the right to modify the price of the products at any time. The prices applicable will be those in effect at the time of acceptance of an order.. All prices will be denominated in euro. Prices quoted on the web site / web shop are exclusive of shipping charges. The amount of the shipping charges does not depend on the volume of products ordered, but on the country where the order needs to be delivered.

  1. Payment

The available payment methods are displayed on the web site.

If a payment term has been agreed by SILENCE SKATEBOARDS, the Customer will be in default by the mere expiration of that term. Payment terms may be agreed in writing only on the conditions stipulated at that time.

If a credit card is selected as payment method, the conditions of the relevant credit card issuer will apply. SILENCE SKATEBOARDS is not a party to the relationship between the Customer and the credit card issuer.

The Customer will pay all reasonable judicial and extrajudicial expenses of any nature whatsoever, including collection costs, that SILENCE SKATEBOARDS will incur due to the Customer’s failure to fulfil his or her (payment) obligations.

  1. Delivery

Currently SILENCE SKATEBOARDS.delivers to customers who have an address in Austria, Bulgaria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Sweden, The Netherlands, & United Kingdom. SILENCE SKATEBOARDS will ship, or have a third party ship, orders that have been accepted by order of receipt as quickly as possible.If delivery cannot be made within the average term or cannot be made at all, the contract is only concluded after SILENCE SKATEBOARDS has checked the availability of the product. SILENCE SKATEBOARDS will not be liable for any loss whatsoever due to a quoted delivery term being exceeded. Unless a longer delivery term is agreed, SILENCE SKATEBOARDS will fulfil the order within 30 days. If the order cannot be fulfilled within 30 days, SILENCE SKATEBOARDS will inform the Customer accordingly, and the Customer will have the right to cancel the agreement at no cost.

  1. Returns/Right of Withdrawal

The Customer will be obliged to inspect the products (or have them inspected) immediately after receipt. With regard to products purchased from the SILENCE SKATEBOARDS web shop, the Customer has the right to cancel the purchase without giving any reason within 14 business days of delivery of the product in question provided that the products have not been used or damaged and with due observance of the following condition: Original tags may not have been removed. As soon as a product is delivered to the Customer, it becomes his property and the Customer is responsible for any loss of damage that could occur to it thereafter.

Without prejudice to the Customer’s statutory rights the Customer will return the item upon cancellation of the purchase using the attached return document and will then be reimbursed. The Customer will inform SILENCE SKATEBOARDS of his or her decision to cancel the purchase within the strict time limit of 14 days of delivery by sending by e-mail at the address contact@silenceskateboards.com or by registered letter at the address SILENCE SKATEBOARDS, 16 Place de Houffalize, 1030 Schaerbeek, Belgium. After the sending of his/her decision to cancel the purchase by e-mail or registered letter, the Customer has the obligation to return the product without undue delay within the 10 business days. The return shipping costs are at the Customer’s expense. If the Customer has exercised his or her Right of Withdrawal described in the previous paragraph, SILENCE SKATEBOARDS will refund the amount paid by the Customer within 21 days after receiving the return.

  1. Disclaimer

To the fullest extent permitted at law, SILENCE SKATEBOARDS is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, SILENCE SKATEBOARDS does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. SILENCE SKATEBOARDS assumes no responsibility whatsoever for any links to the internet or other third party websites from its website. Once you activate these links you will leave this website and SILENCE SKATEBOARDS will not be responsible, or liable, for the content of any other websites on the internet to which you may visit from its site.

  1. Governing Law

These terms of use shall be governed by, construed, and enforced in accordance with the laws of Belgium, without regard to any choice of law principles.

  1. Jurisdiction

User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of Brussels, Belgium for any and all claims arising from the use of this web site.

  1. Entire Agreement

These terms of use constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.