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| Terms of Use |
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Introduction Copyrights
and Trademarks Use of this Site
Access to this Site Site
Security Order Acceptance Pricing
or Typographical Errors Quantity Limits
and Dealer Sales General Colors Indemnification
Termination Disclaimer
Limitation of Liability
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Introduction |
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Welcome to the Option eShop Internet site (“Option eShop”).
This site is provided by Option N.V. (referred to throughout
this site as "Option") as a service to our customers.
Please review the following basic rules that govern your use
of our Site (the "Agreement"). Please note
that your use of our Site constitutes your unconditional agreement
to follow and be bound by these Terms of Use. Although
you may "bookmark" a particular portion of this
Site and thereby bypass this Agreement, your use of this Site
still binds you to the Terms. Option reserves the right to
update or modify these Terms of Use at any time without prior
notice. Your use of the Option Web site following any such
change constitutes your unconditional agreement to follow
and be bound by the Terms of Use as changed. For this reason,
we encourage you to review these Terms of Use whenever you
use this Web site.
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Copyrights and Trademarks |
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Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs, video
clips and written and other materials that are part of this
Site (collectively, the "Contents") are copyrights,
trademarks and/or other intellectual property owned, controlled
or licensed by Option, one of its affiliates or by third parties
who are protected by international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of Option and
is also protected by international copyright laws.
Option and its suppliers and licensors expressly reserve
all intellectual property rights in all text, programs, products,
processes, technology, content and other materials which appear
on this Web site. Access to this Web site does not confer
and shall not be considered as conferring upon anyone any
license under any of Option’s or any third party's intellectual
property rights.
The Option names and logos and all related product and service
names, design marks and slogans are the trademarks or service
marks of Option N.V., where applicable. All other marks are
the property of their respective companies. No trademark or
service mark license is granted in connection with the materials
contained on this website. Access to this website does not
authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products
or services of third parties or hypertext links to third party
sites or information are provided solely as a convenience
to you and do not in any way constitute or imply Option's
endorsement, sponsorship or recommendation of the third party,
information, product or service. Option is not responsible
for the content of any third party sites and does not make
any representations regarding the content or accuracy of material
on such sites. If you decide to link to any such third party
web sites, you do so entirely at your own risk. |
Use of this Site |
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This Site and all its Contents are intended solely for personal,
non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any
downloaded materials or software is transferred to you as
a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part,
any of the Contents, the Site or any related software. All
software used on this site is the property of Option or its
suppliers and protected by international copyright laws. The
content and software on this site may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance,
of the content on this site is strictly prohibited.
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Access to this Site |
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Option will do its utmost to ensure that availability of the
Web site is uninterrupted and that transmissions are error-free.
However, due to the nature of the Internet, this cannot be
guaranteed. Also, your access to the Web site may occasionally
be suspended or restricted to allow for repairs, maintenance,
or the introduction of new facilities or services. Option
will attempt to limit the frequency and duration of any such
suspension or restriction.
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Your conduct on this
Site - Site Security |
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Users must not use this Site in any way that causes, or is
likely to cause, the Web site or access to it to be interrupted,
damaged or impaired in any way.
Users are notably prohibited from violating or attempting
to violate the security of the Site, including, without limitation,
(a) accessing data not intended for such user or logging onto
a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere
with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal
liability. Option will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working
of this Site or any activity being conducted on this site.
You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Site other than the search
engine and search agents available from Option on this Site
and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer). |
Order Acceptance |
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Please note that there may be certain orders that we are unable
to accept and must cancel. We reserve the right, at our sole
discretion, to refuse or cancel any order for any reason.
For your convenience, you will not be charged until your payment
method is authorized, the order information is verified for
accuracy and your order is shipped. Some situations that may
result in your order being cancelled include limitations on
quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified
by our credit and fraud avoidance department. We may also
require additional verifications or information before accepting
any order. We will contact you if all or any portion of your
order is cancelled or if additional information is required
to accept your order. If your order is cancelled after your
credit card has been charged, we will issue a credit to your
credit card in the amount of the charge.
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Pricing or Typographical
Errors |
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While Option strives to provide accurate product and pricing
information, pricing or typographical errors may occur. Option
cannot confirm the price of an item until after you order.
In the event that an item is listed at an incorrect price
or with incorrect information due to an error in pricing or
product information, Option shall have the right, at its sole
discretion, to refuse or cancel any orders placed for that
item. In the event that an item is mispriced, Option may,
at its discretion, either contact you for instructions or
cancel your order and notify you of such cancellation. Prices
and availability are subject to change without notice.
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Quantity Limits and
Dealer Sales |
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Option reserves the right to limit the quantity of items purchased
per person, per household or per order. These restrictions
may be applicable to orders placed by the same account, the
same credit card, and also to orders that use the same billing
and/or shipping address. We will provide notification to the
customer e-mail and/or billing address provided should such
limits be applied. Option also reserves the right to prohibit
sales to dealers. If you are interested in purchasing multiple
quantities of items for a corporation or institution, please
contact us by email at sales@option.com.
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General |
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This Agreement represents the complete agreement between the
parties and supersedes all prior agreements and representations
between them. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the
other terms of this Agreement shall remain in full force and
effect. The failure of Option to act with respect to a breach
of this Agreement by you or others does not constitute a waiver
and shall not limit Option’s rights with respect to
such breach or any subsequent breaches. This Agreement shall
be governed by and construed under Belgian law. Any action
or proceeding arising out of or related to this Agreement
or your use of this Site must be brought before the courts
of Leuven, Belgium.
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Colors |
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We have made every effort to display as accurately as possible
the colors of our products that appear on the Site. However,
as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color
will be accurate.
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Indemnification |
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You agree to defend, indemnify and hold Option harmless from
and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your
use of the Site.
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Termination |
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These terms are effective unless and until terminated by either
you or Option. You may terminate this Agreement at any time,
provided that you discontinue any further use of this Site.
Option also may terminate this Agreement at any time and may
do so immediately without notice, and accordingly deny you
access to the Site, if in Option’s sole discretion you
fail to comply with any term or provision of this Agreement.
Upon any termination of the Agreement by either you or Option,
you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials,
whether made under the terms of use or otherwise. This does
not however cover materials downloaded from this side and
covered by a separate agreement (such as but not limited to
a Software License Agreement). These terms are effective unless
and until terminated by either you or Option.
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Disclaimer |
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THIS SITE IS PROVIDED BY OPTION ON AN "AS IS" AND
"AS AVAILABLE" BASIS. OPTION MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, OPTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, OPTION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE OPTION WEB SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES
NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU.
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Limitation of Liability |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL OPTION OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
OPTION WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF OPTION HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
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