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1
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Application
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1.1
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These general terms and conditions shall apply to all purchases and use
of products (“Products”) manufactured by SHFT ApS (hereinafter the “Seller”)
by the buyer and/or the end-user of the Product, (hereinafter “Buyer”).
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2
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Right of Return
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2.1
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Unless otherwise agreed or subject to mandatory law the Seller give no right of return on the sold Product.
If the Buyer and Seller have agreed upon a right of return or to the extent the Buyer has a right of return under mandatory law the returned Product must be found in the same condition as it was received by the Buyer.
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3
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Defects
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3.1
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A Buyer, who is a consumer, has certain minimum statutory rights regarding return of defective goods and remedies for breach of contract.These rights are not affected by these general terms and conditions.
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3.2
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No Product supplied by Seller to a Buyer shall carry any express or implied warranty/assurance as to its quality or its fitness for any purpose other than expressly stated in the Seller’s User Manual.
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3.3
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A defective Product means any product that is not fit for the purpose as described in the User Manual, including defects with respect to manufacture and materials (“Defect”).
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3.4
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When the Product is handed over to the Buyer, the Buyer is obliged to thoroughly inspect the Product.
Any notice of Defects shall in any case be given to the Buyer’s point of sale immediately and no later than fourteen (14) days, or the Buyer may waive its right to plead that the Product is defect.
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3.5
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A Buyer, who is a consumer, shall give notice of a Defect within reasonable time.
Notice given within 2 months shall always be considered within reasonable time.
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3.6
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In any event, the Buyer loses the right to plead that the Product is Defect if the Buyer does not give notice within two years from the date the Product was handed over to the Buyer.
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3.7
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The Seller shall not be responsible for any Defects which were caused by the Buyer’s negligence or misuse of the Product.
Neither shall the Seller be responsible if the Buyer has performed any repair work to the Product which was not authorised by the Seller beforehand.
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3.8
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To the extent of which the Seller is responsible for the Defect, the Seller can choose to remedy through repair or replacement.
These are the Buyer’s only remedies in case of Defects unless subject to rights under mandatory law.
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4
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Repairs and/or Replacement
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4.1
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Unless the Seller decides otherwise any repair or replacement work will be carried out by the Seller or a third party service provider authorised by the Seller.
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4.2
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To the extent of which the Seller is responsible for the Defect, the Seller shall pay for any repair and replacement costs, including shipment and postal costs.
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4.3
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To the extent of which the Seller is not responsible for the Defect or to the extent the Defect was caused by the Buyer, Seller will give Buyer a discount for a replacement Product.
Buyer will pay for shipment and postal costs.
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5
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Use of the Product
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5.1
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The Product is a virtual running coach.
The hardware consists of a chest band, a charger and 2 pods.
The 2 pods are placed on one of the feet and in the chest band, which is put on the chest.
The pods are monitoring a physical person during running and giving him live verbal instructions, with the purpose to improve the person’s personal running technique.
Please see the User Manual for further description.
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5.2
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The Product shall only be used in accordance with the User Manual.
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5.3
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The Product shall only be used on firm surfaces without too many variations in heights.
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5.4
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Any use and application of the Product, in cluding any use, application or download of software is fully at the Buyer’s own risk.
Any damage to property or injury on persons caused by use of the Product is the responsi bility of the Buyer.
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5.5
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The Product includes selected information of physical activities and exercises.
Such information is not intended as medical advice.
Such information is not a substitute for the advice of a health care professional.
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5.6
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If Buyer have or suspect having any health problems, you should consult your general practitioner or other qualified health provider before using the Product.
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5.7
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If any physical discomfort or injury occurs during use of the Product, the Buyer should stop all use of the Product and consult a health care professional.
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6
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Product Liability
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6.1
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The applicable rules on product liability under Danish law apply.
If not otherwise set out in mandatory law, the limitations on the liability of the Seller stated in clause 7 apply with respect to product liability.
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7
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Limitation of Liability
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7.1
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The Seller is in no event liable for operating losses, loss of profits or other indirect, consequential losses under this agreement or for such indirect losses that arises or may arise as a result of delay, defects, product liability or otherwise.
This limitation of the Seller’s liability does not apply, if the Seller has acted with gross negligence or with misconduct.
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8
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Personal Data
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8.1
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During the installation, download and use of the application to the Buyers mobile device, the Seller will collect the personal data which the Buyer types in.
No credit card information will be saved.
The data is collected to use the Product correctly.
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8.2
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When using the Product the Buyer agree that the Seller will collect, store and/or use the data generated through the Buyer’s running and exercises, for scientific, commercial and marketing purposes.
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8.3
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The personal data will be processed according to the Danish Act on Processing of Personal data.
The Seller will ensure appropriate technical and organizational security measures to protect the personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, abuse etc.
Should you have any questions or inquiries in relation to the processing of your personal data please contact the Seller.
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9
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Force Majeure
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9.1
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The Seller shall not be liable for nonperformance due to force majeure, including but not limited to war, mobilisation, riots, civil commotion, government intervention or intervention by local authorities, strikes, boycott or lock-out, shortage of raw materials, labour or power, ban on imports or exports, natural disasters, fire, explosion or any similar causes beyond the control of the Seller.
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10
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Intellectual Property Rights
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10.1
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All intellectual property rights of whatever nature related to the Products or parts hereof shall be the sole property of the Seller.
Any intellectual property rights generated or developed through discussions between the Buyer and Seller shall be vested in the Seller.
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11
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Transfer of rights and obligations
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11.1
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The Seller is entitled to transfer all rights and obligations under the agreement to a third party.
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12
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Reservations
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12.1
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These general terms and conditions is subject to amendments from time to time and the Seller reserve the right to make changes without previous notice.
The newest version of these general terms and conditions can be found on the Seller’s website: www.shft.run.
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12.2
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The Seller’s contact information is Rued Langgaards Vej 7, 2300 Copenhagen S, Denmark.
Email: contact@shft.run
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13
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Choice of law and venue
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13.1
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Disputes arising out of or in connection with the Product shall be settled by Copenhagen City Court under Danish law.
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