Terms of service
Last updated: January 2, 2024
Olynvia and/or its affiliates ("Olynvia.com", "we" or "us") operate an online store ("Olynvia") located at www.Olynvia.com where you can purchase products and services ("Olynvia Products").
These Terms of Use apply to the content and functionality of the Olynvia Store, as well as the products of the Olynvia Store.
1. Information you provide to us
You may provide us with information about yourself when you visit the Olynvia store. Our privacy policy explains our practices regarding this information. We may need to send you emails and text messages, for example, to provide you with important information regarding your delivery. You authorize us to send these messages when you visit the Olynvia store and provide your contact information. Standard text messaging or data rates may apply to text messages. Where offered, you may opt out of text message notifications by replying to such message with “STOP” or following the instructions provided in the message. However, by opting out of text messages, you may disable important security controls and increase the risk of losses for your business.
2. Copyright of Olynvia
As between you and Olynvia, Olynvia and its licensors exclusively own all right, title and interest in and to the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets and any other intellectual property embodied by or contained in Olynvia ("Olynvia"). Olynvia is protected by copyright, trade secret, patent and other intellectual property laws, and all rights in Olynvia 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 Olynvia 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 restrictions on our use of the Idea. You also agree that Olynvia has no fiduciary or other obligation to you in connection with any Ideas you submit, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Olynvia
Olynvia grants you a limited, revocable, non-exclusive and non-transferable license to access the Olynvia 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 Olynvia and Olynvia.
4. Products, contents and specifications.
Details of products and services available for purchase in the Olynvia Store (“Olynvia Store Products”) are set forth in the Olynvia Store. All features, content, specifications, products and prices of products and services described or depicted in this Olynvia 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 that shown, and the appearance of a product in real life may differ from its appearance in the Olynvia Store due to limitations in the systems you use to access the Olynvia Store. The inclusion of products or services in the Olynvia Store at any particular time does not imply or guarantee that such products or services will be available at any time. Sometimes the manufacturing or distribution of a certain product or service may be delayed for various reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you declare that the products ordered will be used only in a lawful manner.
5. Subscriptions
a. Subscription TermsWe may offer you the opportunity to purchase subscriptions through the Olynvia Store. The specific terms of a subscription will be communicated to you at or before the time of purchasing the subscription, and by purchasing the subscription you agree to those terms.
b. Free Trials and Promotional PeriodsIf a subscription begins with a free trial or 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 free trial or promotional period ends to remind you that the trial or period is ending and to give you the opportunity to cancel before the paid period begins. 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 subscription terms.
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 or before the time of your subscription.
6. Your account
We may require you to create an account to access the Olynvia Store, including to make purchases. If this is the case, you must provide accurate information about yourself when creating your account and be sure to notify us if this information changes. You must ensure that your login information remains confidential. You are responsible for all activity, including purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Delivery and returns
This Section 7 applies to Olynvia Products that are physical goods. To clarify, this Section 7 applies notwithstanding any terms to the contrary in any invoice or purchase order.
Orders are shipped by carriers selected by Olynvia. The delivery costs that you will be charged, 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 could affect the delivery date. Olynvia is not responsible for delivery after the estimated delivery date, or for any loss, damage or penalties you may incur due to delivery or shipping delays. Unless otherwise stated in the product description, each Olynvia product will be delivered to the FCA delivery address (as designated on the applicable order) (Incoterms 2010).
Unless otherwise stated in the product description, Olynvia products can be returned in their original packaging and undamaged condition (including all supplied accessories and components) within 14 days of receipt of 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 only recourse is to return the item in unused condition, in exchange for a refund. To begin the returns process, please contact us. Return instructions will be provided to you. Olynvia will not cover the return costs and will refund the full purchase price.
8. Sanctions and export policy
You may not use the Olynvia Store or purchase products from the Olynvia Store for the benefit of or on behalf of any country, organization, entity, or individual embargoed or blocked by any government, including those on sanctions lists identified by the Office of Foreign Assets Control (OFAC). We do not represent, and we cannot guarantee, that the Olynvia Store or any Olynvia Store products are or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with any laws governing export, import, or foreign use.
10. Guarantees
We provide Olynvia 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 Olynvia or obtained by you from or through the Olynvia Store - whether from Olynvia or another entity, and whether oral or written - shall create or imply any warranty by Olynvia to you.
Olynvia disclaims any knowledge of and does not guarantee: (a) the accuracy, reliability or completeness of the data provided by Olynvia; (b) that the Olynvia Products will meet your specific needs or requirements; (c) that the Olynvia Store will be available at a particular time or location, operate without interruption or be secure; (d) that Olynvia will correct any defects or errors in the Olynvia Store; or (e) that the Olynvia Store is free of viruses or other harmful code. Use of any data, products or services you access, purchase or download through the Olynvia Store is at your own risk - you are solely responsible for any damage to your property, loss of data or other loss resulting from such access, purchase or download.
Nothing in these Terms of Use has the effect of excluding, restricting or modifying the application of any condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that it: (a) contravenes that law; or (b) would void any term of this Agreement.
10.1 Limitation of liability
In no event will Olynvia be liable to you for any indirect, punitive, incidental, special, consequential or exemplary damages resulting from your use of or inability to use the Olynvia Store or the unavailability of the Olynvia Store, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or connected with these Terms of Use or your use of the Olynvia Store, even if such damages are foreseeable, and that you or Olynvia has been informed of the possibility of such damages. Olynvia is not responsible for and disclaims all liability for any damage, injury, or loss arising from or relating to any hacking, tampering, or other unauthorized access or use of Olynvia or your failure to use or implement anti-fraud measures, security controls, or other data security measures. Olynvia also disclaims any liability for any liability or damage caused to you or others by (a) your access to or use of the Olynvia Store not in accordance with our instructions; (b) any unauthorized access to servers, infrastructure or data used in connection with the Olynvia store; (c) any bugs, viruses or other harmful code that may be transmitted to or from Olynvia Store; (d) errors, inaccuracies, omissions or losses in or to the data provided to us; (e) third party content provided by you; or (f) the defamatory, offensive or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Olynvia with respect to Olynvia products to your direct and documented damages; and you further agree that in no event shall such liability exceed, in the aggregate, the greater of the amounts paid by you to Olynvia during the three month period immediately preceding the event giving rise to your claim for damages, and EUR 20.
These limitations on our liability to you will apply regardless of the legal theory on 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 determining the scope or enforceability of your agreement to arbitrate any dispute, claim or controversy arising under these Terms of Use, but specifically excluding any dispute primarily relating to the intellectual property of either party (such dispute shall be resolved by litigation in court in Rodez, France), will be determined by arbitration in Tallinn, Estonia before a single arbitrator.
b. Service of Documents:Each party irrevocably and unconditionally consents to service of documents by personal service at its registered office, registered address, or principal address (for individuals or sole proprietors). Nothing in these terms of use affects the right of any party to process service of documents in any other manner permitted by law.
c. Class Waiver:To the fullest extent permitted by law, each party agrees that any dispute arising out of or relating to these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to a trial by jury in any action, proceeding or countersuit arising out of or relating to these Terms of Use or any of the contemplated transactions between the parties.
d. Awarding of a Prize:Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies permitted by the laws of France. In making a decision, the arbitrator shall have no authority to modify any terms or provisions of this agreement. The arbitrator will issue a written, reasoned decision regarding the dispute (the “Award”) to each party, who will act promptly in accordance with the Award. Any award (including interim or final remedies) may be confirmed or enforced by any court of competent jurisdiction located in Tallinn, Estonia. The arbitrator's decision will be final and binding on the parties and will not be subject to appeal or review.
e. Fees:Each party shall advance one-half of the fees and expenses of the arbitrators, the fees for the stenographer's attendance at the arbitration hearing, and the fees of the arbitration center. In any arbitration arising out of or relating to these Terms of Use, the arbitrators shall award to the prevailing party, if any, reasonable attorneys' fees and expenses incurred by the prevailing party in connection with those aspects of its claims or defenses upon which it prevails, and any award of costs and attorneys' fees shall be offset against each other.
f. Confidentiality:The parties will maintain the confidentiality of the arbitration proceedings, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a judicial request as contemplated above for interim relief, or confirmation of an Award or its execution, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as required by applicable law. The parties, witnesses and the arbitrator will treat as confidential and will 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 such evidence was obtained from the public domain or was obtained independently of the arbitration.
g. Conflict of Rules:If there is a conflict between the provisions of this Section 11 and the rules governing the arbitration identified in Section 11.a, the provisions of this Section 11 shall control. If any provision of these Terms of Use to arbitrate is found invalid or unenforceable, it shall be invalid or unenforceable to the minimum extent required by law and all other provisions shall remain valid and enforceable.
12. Applicable law
By using the Olynvia store, you agree that the laws of France, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any kind that might arise between you and Olynvia.
13. Modification and divisibility
We have the right to modify or add to the terms of these Terms of Use at any time, only with prospective effect, and to modify, delete, discontinue, or impose conditions of use on the Olynvia Store by posting such changes on our website or any other website maintained or owned by us. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last modified by looking at the "Last Updated" date at the top of the page.
14. Contact us
Email: [email protected]
Live chat: Available at the bottom right of your screen
Contact form available here: https://Olynvia.com/pages/contact
