Terms of Use
Date: 22/05/2023
INTRODUCTION
These Terms of use govern the access to and use lelo.com, provided and managed by LELOi AB (individually and collectively referred to as the “Service”). Any references throughout this website to LELO / we / us / our, are hence to LELOi AB.
These Terms set forth legally binding terms and conditions applicable to your use of our Service, however accessed and/or used, whether via personal computers, mobile devices or otherwise.
Please be reminded that these Terms constitute an agreement between you and LELO and define your rights and responsibilities with respect to the service. Furthermore, these terms include, among other, relevant information about limitations of liability, warranties, class action waivers, applicable law. Therefore, it is important that you read and fully understand these terms before using the website and/or purchasing any goods online.
By accessing and/or using our Service you represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and you confirm that you have read and understood the Terms and other documents referred to herein. If you do not accept or understand the Terms, please do not use, access or register with our Service. Please note that if you do not agree to these Terms, you are not entitled to use our Service and cease the use thereof.
In addition to these Terms, you agree to abide by any supplemental policies and terms related to our Service, including without limitation our Privacy Policy.
MODIFICATIONS OF THE TERMS
We may modify or amend these Terms from time to time. Please review these Terms regularly to ensure that you are aware of any changes. By continuing to use the Service following the publication of modification, you accept any such change or modification. Please do not use the Service if you do not agree with any of the stipulations contained herein.
PRODUCTS
The products on offer through this website are representative of the LELO collection. Where applicable, LELO products are protected by patent(s) and/or by registered design(s). The designs and colours of the products shown on this website may be changed at our sole discretion.
Products purchased from this website are supplied by LELOi AB (trading as LELO), a company registered in Sweden, with business registration number 556631-6708 and with offices on Karlavägen 41, Stockholm, Sweden.
Your placing of an order online represents an offer to purchase goods as indicated by you but is not binding on us until you have been notified by email that an order is accepted. This means that if goods shown on this website are unavailable, incorrectly priced or otherwise incorrectly described, LELO shall not be obliged to sell you those goods. A contract shall be deemed entered by both parties when you receive notification that LELO has confirmed and accepted your order.
In addition to offering our products for sale via this website, our products are sold through select retailers worldwide. Prices on the website will generally reflect the prices offered through our retailers. However, prices on the website may differ to those of a retailer, due to: (i) special offers on the website or from retailers, (ii) individual retailer price strategies, (iii) currency fluctuation. As such, prices cannot be guaranteed and may be changed at our discretion. Not all products shown on this website are available through all LELO retailers.
You may not distribute, resell or stock any LELO products, unless specifically authorized under contract by LELO to do so.
ELIGIBILITY AND YOUR USE OF THE SERVICE
The Service is intended solely for persons 13 years of age or older. Access to or use of the Service by persons under 13 years of age is expressly prohibited.
By accessing or using the Service, you represent and warrant that you are legally considered an adult in your country or territory and agree to be bound by these Terms. Alternatively, if you are legally a minor but 13 years of age or older, your parent or legal guardian needs to read these Terms with you and ensure that they agree to your access and use of the Service. Any use of the Service without parental consent is strictly prohibited. Parents and guardians are encouraged to take an active role in their children’s online and mobile activities and interests. If you have reason to believe that a child below the minimum age is using the Service without necessary parental consent, please contact us at privacy@lelo.com and we will use commercially reasonable efforts to discontinue offering the Service to said person.
USER ACCOUNT AND PASSWORDS
You agree that you will be solely responsible for all activities that occur under your account for using the Service. You understand and agree that you are responsible for safeguarding your account details and maintaining the confidentiality of your passwords. You agree to notify us immediately of any unauthorized use or other security breach related to your account and/or passwords.
PROHIBITED ACTIVITIES
The list below contains examples of behaviors that are prohibited within your use of the Service:
Impersonating another person;
Accessing or using the Service in an unlawful way or for any unlawful purpose;
Transmission of viruses, malware, or other malicious code in the Service;
Interfering with or disrupting the Service.
Notwithstanding any other remedies LELO might have under the applicable law, please note that LELO reserves the right to terminate or suspend your access to the Service upon becoming aware of your engagement in any prohibited activities.
RESPONSIBILITY FOR USER CONTENT
When you use the Service, you may generate user content, meaning any content created and/or uploaded by you, such as any text, images, and information or other content that you submit in the Service (hereinafter: „User Content“). As LELO has no control thereover, LELO explicitly excludes any and all liability for user content. You acknowledge that you are solely responsible for the user content you upload, including compliance with all laws applicable to you and/or your user content.
If you have uploaded any User Content contrary to the applicable laws, regulations or these Terms, please send the deletion request immediately to privacy@lelo.com. If no deletion request is received, it shall be assumed that you have permission and the right to share the User Content with LELO.
DISCONTINUATION AND TERMINATION
Unless otherwise determined by a separate agreement between you and LELO, LELO reserves the right to discontinue offering the Service or any part thereof without notice or liability.
Your right to the Service remains in effect until terminated by you or us, or, if applicable, expiry thereof. If applicable, you may terminate the Service at any time. Please note that the Service will automatically terminate without notice from LELO if you in any way breach the provisions of the Terms.
Upon discontinuation or termination of the Service (as applicable) or a part thereof, your access or use of the Service or a part thereof will be automatically terminated, without any liability of LELO. LELO shall not be obligated to provide refunds, if applicable, or other compensation in connection with discontinuation or termination of the Service. Discontinuation and termination of the Service for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) remain to be performed, (b) have expressly been established as surviving any such discontinuation or termination, or (c) by their nature could survive such discontinuation or termination. Upon discontinuation or termination of the Service in accordance with these Terms, you must cease the use thereof.
THIRD-PARTY MATERIAL
The Service may contain links to websites and content owned and/or operated by third parties, which are provided for informational purposes only. LELO is not responsible for any such third-party websites or content and does not have control over any materials made available therein. By providing links to third-party websites or content, in no way does it imply LELO’s endorsement, advertising, or promotion of such websites or content made available therein.
By accessing third-party websites or content you acknowledge that LELO bears no responsibility in relation thereto, nor assumes liability or responsibility to you or any other person for any third-party products, services, materials or websites. You are encouraged to familiarize yourself with the terms of service applicable to any third-party website or content you decide to access.
No linking to this website is permitted without prior written authorization from LELO.
INTELLECTUAL PROPERTY
These Terms confer only the right to use the Service and do not convey any rights of ownership in or to the Service. All rights, title and interest, including without limitation any copyrights and other intellectual property rights in the Service or content are prepared in or for the performance of Service, remain LELO’s sole property. LELO reserves all rights not expressly granted to you in these Terms.
You acknowledge and agree that the material contained within this website is for your private, personal and non-commercial use only. Should you copy any material from this website, you do not obtain any right, title or interest to any such material. You agree not to reproduce (except for your personal use), publish (except for downloadable media or PR materials), transmit, distribute, display, remove, delete, modify or create derivative works from any of the materials contained on this website.
By registering your LELO product, you hereby agree to receiving e-mail content from LELO. Your information will never be shared with a third party and the ability to opt-out/unsubscribe is always available.
These restrictions do not apply to downloadable media or PR materials provided for use in the manner specified.
PRIVACY AND SECURITY
Your privacy and the protection of your personal data are very important to us. For a detailed description of how we collect and use your personal data, please see our Privacy Policy where you can familiarize yourself with the choices you can make in relation to your personal data. By using the Service, you acknowledge your awareness of your rights and obligations defined in our Privacy Policy and undertake to act in accordance with all applicable laws and regulations related to personal data and data security.
LIMITATION OF LIABILITY
This website and its contents are provided on a 'as is' and 'as available' basis. LELO makes no representations or endorsements of any kind, express or implied, including, but not limited to, warranties of freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or any other implied warranties arising from related dealings, usage, or trade unless otherwise prohibited by law.
LELO does not warrant that the information contained on this website is accurate or complete, that this site is error-free or that any errors will be corrected. You agree by using this website you are doing so at your sole risk, that you assume full responsibility for all loss of data and/or costs associated with any servicing or repairs of any equipment and/or software that you use in relation to this website. LELO shall not be responsible or liable for any damages, of any kind, arising out of or caused by your use of this website unless otherwise prohibited by law.
LELO shall be held harmless from all liability for any direct, indirect, punitive or incidental damages arising out of or in connection with the use, inability to use or performance of the information or products on this website to the extent permitted by law. We shall be under no liability for any delay or failure to deliver products or otherwise meet any obligation put forth here if the delay or failure is in full or in part caused by circumstances beyond LELO's reasonable control unless otherwise prohibited by law.
NOTHING IN THESE TERMS DIMINISHES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.
INDEMNITY
You agree to defend, indemnify and hold LELO (and its subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from and against any third person’s claims, demands, expenses (including attorneys’ fees), losses or requests for damages resulting from or arising out of your breach of these Terms, or your violation of any applicable laws or third party’s rights. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
GOVERNING LAW AND RESOLUTION OF DISPUTES
The laws of Sweden, without regard to or application of its conflict of law provisions, will govern these Terms. You confirm that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision, but excluding legal action by LELO to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely before the Swedish competent courts. You agree that you may bring claims against LELO only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
ASSIGNMENT
LELO may assign or delegate these Terms, in whole or in part, to any entity at any time with or without your consent.
CONTACT
If you have any questions about these Terms, please contact us at privacy@lelo.com.