Terms and conditions
TERMS AND CONDITIONS
General Provisions
These Terms and Conditions (hereinafter called “T&C”) apply exclusively to the contracts on the purchase of Gloves in the www.grindclaw.com online shop (hereinafter called “Shop”) that are concluded between limited liability company Grindclaw LLC registered in Latvia under registration number: 40203405307 (hereinafter called “We”), and the person who has expressed an offer to purchase such gloves (hereinafter called “You”).
Our contact information:
Grindclaw LLC
Address: Piladzu 18, Pinki, Babite district, Marupe municipality, LV-2107, Latvia
E-Mail: [email protected]
These T&C apply only if You are natural person. You hereby represent and warrant that You have reached the older of (i) the age of eighteen (18) and (ii) the age of majority in Your jurisdiction, and that You are not subject to a limitation on Your ability to enter into purchase agreements under Our T&C. Please note that Our Gloves on the Shop are intended for natural persons and their personal use only, not for reselling or any business matters. By placing an order on the Shop You confirm that You are purchasing for private purposes exclusively. However if You want to purchase any Gloves on behalf of a business, please contact Us by e-mail [email protected] to enter into a separate purchase-sale contract.
You can purchase ergonomic computer gloves (hereinafter called “Gloves”) on Our Shop. We also sell custom printed Gloves. You can choose from a great variety of Our print templates or even use Your own print (hereinafter called “Your Image”). Your Image may include texts, artworks, drawings, images, designs, sketches, trademarks, names, slogans, and other digital content or any combination thereof.
By purchasing the Gloves or custom printed Gloves using Our Shop, You signify your assent to these T&C, so please read them carefully.
We reserve the right to suspend, at any time at Our own discretion revise and update these T&C. Additions or changes to the T&C take effect from the day of their publication (by informing You about the changes by e-mail, newsletters, by placing the information on the Shop). Your continued usage of the site will mean that You accept those additions or changes.
If You do not agree with all or a certain part of the T&C, please do not place the order, or use Our Shop.
Conclusion of the Contract
Our offers in the Shop are non-binding. The display of Gloves in Our Shop does not represent an offer, but rather a non-binding invitation for the customer to order.
By placing an order for the desired Gloves according to the terms and conditions stipulated below You shall make an offer of a purchase-sale contract (hereinafter called “Contract”).
On the Shop You can select (i) the Gloves You want to buy with a print from Our print templates, or (ii) custom printed Gloves You want to buy with Your Image and putting them in the shopping cart. You also can edit the content of the shopping cart and check the content and prices of the Gloves, prints. Any additional payments, such as shipping or debit card fees, shall be calculated and visible to You before You pay, unless otherwise specified in these T&C.
When You are ready to order, click on “Checkout”, where You enter Your delivery address, e-mail, telephone number, chosen payment, delivery methods and other requested information and familiarize Yourself with these T&C and Our Privacy Policy. After receival of properly completed order form We will confirm the receipt of Your order immediately. After this, Your order passes to Us and You can no longer change it. However, the Contract shall be considered concluded only after We receive Your payment in Our bank account.
We confirm Your order by sending a confirmation message to the e-mail address You specified during the purchasing process on the Shop. We reserve the right to reject any order without giving any reason. However, this usually can happen in cases where We do not have the quantity of Gloves You have ordered, one or more of the Gloves you ordered was listed at an incorrect price due to a typographical error, Your Image attached for print is obviously a poor quality or otherwise does not comply with the T&C. In such cases, the Contract shall be considered as cancelled and We will automatically issue a refund to You.
You can purchase up to 10 items at one purchase. For the sake of clarity frequent and large purchases according to Our acceptable use policy are generally considered business purchases. Please note that any reselling of Gloves in whole or in part, directly or indirectly under these T&C is prohibited. Also, You shall not offer any of purchased Gloves to third parties, for consideration or not. Your purchases under these T&C shall be intended for personal use in a manner that is consistent with the T&C. We may act immediately and suspend or terminate the the Contract, in Your use of the Services violates such terms of acceptable use. We shall promptly remove the suspension or limitation as soon as the condition, activity or use is resolved and mitigated in full. If You anticipate legitimate but unusual activity while using Our Shop, You should contact Us by email in advance to avoid any disruption of Your planned purchase.
If You want to purchase the Gloves on behalf of a business, You shall contact us by e-mail [email protected] to enter into a separate purchase-sale contract.
We shall have no responsibility or liability for the accuracy of Your data uploaded to the Shop, including, without limitation, Your Image. You shall be solely responsible for the accuracy, quality, integrity, and legality of Your data and the means by which You acquired them.
Price and Payment
All prices on Our Shop are stated in euros, including the statutory VAT at the applicable rate, unless clearly stated otherwise. All prices are subject to change without prior notice. However the prices valid at the time of placing of Your order shall apply.
The exact price of the delivery of the Gloves depends on the value of the order, the country of delivery of the Gloves and the method of delivery. The final price of the delivery of the Gloves will be indicated to You in the shopping basket before You confirm the order and make the payment. In some cases, We may decide to deliver the Gloves to You free of charge. We have the right to select, change and cancel the free shipping terms at Our sole discretion.
When shipping the Gloves to a non-EU country, customs duties, fees, taxes, and other government charges may be applied to the purchase price, the costs of which are borne by You and paid directly to the relevant customs or tax authority. If, for any reason, it turns out that any Gloves cannot be imported into the country specified by You, the Gloves can be prohibited or confiscated by the receiving country, We shall not compensate You the related damages. If additional permits are required to import the Gloves, You oblige to take care of them yourself. You can find general shipping terms and conditions in our Shipping Policy.
Payment for Our Gloves may basically be made through PayPal, Google Pay, Apple Pay, credit card (MasterCard, Visa, American Express) or debit card.
PayPal™ is an alternate method for you to pay for Your fees. With a PayPal account, You can choose to pay with Your credit card, debit card, bank account, or PayPal account balance for any purchase You make using PayPal. Your credit card and bank numbers are never seen by Us. However if the You uses a different email address for their PayPal account, You must notify Us (email) to enable PayPal to issue a request for payment. For more information about the products and services offered, You can go to official Paypal website: https://www.paypal.com/us/home.
If You have elected to pay for the Gloves by credit card, You expressly agree that We are permitted to invoice and charge Your credit card or accepted payment account the applicable fees, applicable taxes and any other charges that You may incur with Us in connection with Your purchase-sale contract. Such fees, taxes and related charges will be billed to the credit card or accepted payment account that You provide at the time a fee or charge is due and payable. You agree to allow Us, or Our affiliates or services providers, to process and store Your payment information. Also, if We do not receive payment from the credit card issuer, You agree to pay all amounts due Us immediately upon demand by Us. Each time you use Our Shop, You agree that We are authorized to charge Your designated credit card account (or other means of payment) for the applicable prices for the Gloves then in effect. Please note that Your agreement with Your credit card issuer or bank governs Your use of Your credit card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder. If payment is not received or cannot be charged to Your credit card or accepted payment account for any reason, We reserve the right to either suspend or terminate Your purchase-sale contract.
Google Pay or Apple pay is a payment solution application which facilitates Google or Apple pay services. Usage of such services may need You to accept additional terms and conditions and meet additional requirements applicable by these third parties. We are not responsible or liable to you for any result of Your interaction with such payment services. Please note that if payment is not received or cannot be charged using such payment methods for any reason, We reserve the right to either suspend or terminate Your purchase-sale contract.
Shipping and Delivery
We will arrange for the delivery of the Gloves to the address specified in confirmed order. Our Gloves may be shipped to the countries listed in our Shipping Policy.
If Your country is not on the list above, please contact us by e-mail [email protected] in case we may be able to deliver the Gloves to the wanted delivery address. However, to the fullest extent permitted by applicable law, We hereby exclude any promise, whether express or implied, including any promises that we are able to deliver the Gloves to any state not listed in in the link above. Therefore, such delivery shall be possible only on the basis of a separate written agreement.
Depending on Your location, the Gloves can be delivered by different couriers like DPD, FedEx, DHL, UPS. Shipping options may vary based on the delivery address. The specific possible methods of delivery of the Gloves are specified after You have selected the Gloves and specified the delivery address in the shopping basket.
The exact price of the delivery of the Gloves depends on the value of the order, the country of delivery of the Gloves, the method of delivery and other appropriate delivery characteristics. The final price of the delivery of the Gloves shall be indicated to You in the shopping basket before You confirm the order and make the payment.
In some cases, We may decide to deliver the Gloves to You free of charge. We have the right to select, change and cancel the free shipping terms at Our sole discretion.
When delivering the Gloves outside the territory of the European Union, additional taxes, fees, customs regulations may be applied, the costs of which are borne by You. Also, You will have to take care of all the procedures necessary for the Gloves to be imported into the country You specify, with Your own efforts and expense. If, for any reason, it turns out that any Gloves cannot be imported into the country specified by You, the Gloves can be prohibited or confiscated by the receiving country, We will not compensate You the related damages. If additional permits are required to import the Gloves, You will take care of them yourself at Your own expense. You undertake to familiarize yourself with the legal acts in force in Your country, which may hinder the successful delivery of the Gloves to You. We are not responsible for malfunctions that may occur due to these reasons.
We will make every effort to deliver the Gloves to You as soon as possible, but the exact delivery time depends on where You live and many other circumstances but should not normally exceed 30 calendar days. For this reason, We do not specify a specific delivery time. If there are any problems related to the delivery that are dependent on Us, We will try to inform You about it immediately.
You undertake to make all arrangements necessary to take delivery of the Gloves on the day notified and accept the Gloves yourself. When delivering them, You may be asked to provide a document confirming Your identity in order to verify Your identity.
Upon delivery of the Gloves to the address specified by You, the Gloves are considered to have been delivered to You, regardless of whether the Gloves are actually accepted by You or another person. In such case, You do not have the right to make claims against Us regarding the delivery of the Gloves to the wrong person.
When accepting the Gloves, You must check the condition of the package, the quantity and quality of the Gloves. If the package is damaged, but the quantity and quality of the Gloves is not defective, You must indicate the damage to the package in the delivery confirmation or other documents provided by the carrier. In this case, the Gloves are considered to have been delivered in damaged packaging, but the quantity and quality of the Gloves are in accordance with the terms of the purchase-sale contract and the Gloves are considered to have been delivered correctly.
If You received Gloves of inappropriate quality or the quantity of Gloves is less than what You purchased, do not accept the package. Mark the information about the refusal to accept the Gloves and the defects in the confirmation of delivery or other document forms provided by the person who delivered the package also take pictures of the defects so that We could evaluate the validity of your claim.
If You accept the package without any comments, it is considered that the Gloves were delivered in the undamaged package, the quantity and quality of the Gloves meet the terms of the purchase-sale contract, and the services related to the delivery of the Gloves have been properly performed.
Quality
Our Gloves are suitable and intended for normal use of a PC and PC video gaming. More information about specific Gloves can be found in the descriptions and specifications on Our website. PLEASE READ THIS ENTIRE DESCRIPTIONS AND SPECIFICATIONS CAREFULLY TO ENSURE THAT CHOSEN GLOVES IS THE GLOVES YOU ARE LOOKING FOR.
The colour, shape or other parameters of the Gloves or prints presented on the Shop in reality may not match to their real size, shape and colour due to the features and settings of the display or other electronic devices You use to access Our Shop. We are not responsible for these discrepancies or differences.
Unless otherwise stated on the Shop, the Gloves are a subject to the usual guarantee of the quality of the Gloves for the minimum term set by law. A different warranty period and other conditions shall be specified in the descriptions of Gloves and invoices, or other documents provided to You with the Gloves.
Customer Satisfaction Guarantee
We consider our Gloves to be very high quality and give You the opportunity to try them and if for any reason You are not completely satisfied with Your first purchased product on our Shop (including the one with Your Image), the satisfaction guarantee can be applied. You can return one purchased item within 6 months after delivery, and We shall refund the purchase price of one item. Please contact us by e-mail [email protected]. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND SHALL BE BINDING ON US ONLY UPON RECEIPT OF PAYMENT IN FULL FOR THE GLOVES AND ONLY IF THIS IS YOUR FIRST PURCHASE IN OUR SHOP. OUR MAXIMUM LIABILITY FOR WARRANTY IS THE PRICE PAID FOR SUCH ONE PURCHASED ITEM.
Withdrawal of the Contract and Return of the Gloves
If You have entered into the Contract as a consumer (i.e., a natural person placing an order for a purpose that is not part of his commercial or professional freelance occupation), You are entitled to exercise the right of withdrawal from the Contract within the scope of legally applicable laws of Latvia and European Union.
If You entered into the Contract as a consumer You are entitled to withdraw from such contract within 14 days without giving any reasons. The withdrawal period will expire after 14 days from the day of delivery of the Gloves to You. You can withdraw the Contract with respect to all the Gloves You have ordered, except for Gloves with Your Images printed. These prints on the Gloves are made according to Your individual order, so the payment for such Gloves is non-refundable, unless agreed otherwise.
For the purpose of exercising consumer’s right of withdrawal, You need to notify Us by way of a clear written declaration (e.g., by e-mail) of Your decision of withdrawing this Contract indicating specific order number and all its items. The withdrawal from contract has to be addressed to Us by writing to our e-mail [email protected]. After receipt of such withdrawal We immediately will send a confirmation.
You have the right to withdraw from the Contract only if the Gloves has not been used, nor damaged, its appearance has not changed substantially.
After withdrawing of the Contract, You must send us the Gloves within 30 days from the day of withdrawal. You are responsible for the proper packaging of the Gloves for return. You bear the cost of returning the Gloves.
If within the withdrawal period You properly exercise the right to withdraw from the Contract, We shall refund immediately and within 30 days from the day we receive the Gloves. For refund, We will use the same mode of payment as was used by You in the original transaction. However, We may hold back return payment as long as We have not received Gloves back.
When You return the Gloves, You must comply with the following conditions:
the returned Gloves must be in their original, neat packaging,
the returned Gloves must be undamaged by You,
the returned Gloves must be unused, without losing their commercial appearance (label intact, protective film not torn off, etc.) (this clause does not apply in the case of returning a defective Gloves),
the returned Gloves must be in the same configuration as they were received from Us,
when returning the Gloves, it is necessary to present the document of purchase and fill out the return document that We send with the package or can be downloaded/received by e-mail.
If the returned Gloves are not fully assembled, are damaged, untidy and/or improperly packed, We have the right not to accept them and not to refund You the payment.
Disclaimer of Warranties
We represent, that the Gloves meet or exceed all regulatory requirements with respect to quality and presentation as required by the applicable laws so that all Gloves purchased hereunder are fit for regular use as specified in descriptions and specifications on specific Gloves. Warranty period shall be specified to specific Gloves in Our invoice. However, We do not guarantee that the Gloves will improve Your gaming abilities or performance.
For Our Gloves, defects excluded from the warranty include rips/tears/holes in fabric or surface abrasion, water damage, impact damage (including due to striking with props and fisticuffs), exposure to excessive under/over temperature (including by not following the specified washing instructions), garment discolouration and general cosmetic wear.
You shall be held liable for any depreciation in the value of the Gloves if such depreciation can be traced back to Your inappropriate handling of the Gloves regarding their nature, features or functional Our mode.
If purchased Gloves do not meet a warranty, and defects are not excluded from the warranty, We may at option:
replace the defective Gloves,
refund the purchase price of the defective Gloves.
The remedies under clause 8.4 are the Your sole remedy against Us for breach of warranty.
Replacement and return of defective Gloves is carried out in accordance with the procedure established by these T&C and legal acts.
All defective Gloves must be returned to Us in accordance with Our current return procedure. Gloves obtained from Shop that do not comply with the warranty and are returned to Us during the warranty period shall be replaced or refunded at Our option. If the returned Gloves are covered by the above warranty, We shall bear the cost of costs of return of Gloves to Us. We shall replace any non-compliant warranted Gloves with a new Gloves within 30 days from Gloves defects confirmation. However, We may unilaterally extend refund or replacement term as long as We have not received defective Gloves.
Intellectual Property
We respect the copyrights and other intellectual property rights (including, but not limited to, trademark rights, design rights) of third persons and ask You to do the same. If You are unsure whether the usage of Your Image does not infringe copyrights or other intellectual property rights or third persons, You have not to use Your Image.
Any person who notices that his/her/its intellectual property rights are infringed on our Shop shall immediately let Us know. We will take appropriate actions.
You are not allowed to remove label with Our trademark from the custom made Gloves.
Our Print Templates
Our Print Templates available on the Shop are protected by copyright and/or other intellectual property rights.
We hereby represent that the usage of Our Print Templates will not infringe any intellectual property rights of third persons.
You cannot use, copy, modify, or publish Print Templates without separate Our permission, except as otherwise permitted by Us on the Shop.
You are not allowed to remove any trademarks from Print Templates.
Print Templates shall remain exclusive property of Us. By purchasing the custom made Gloves with Print Template, You obtain no right in or to Print Template added on the Gloves and do not have right to license it.
You are allowed to use Print Template printed on the Gloves for personal use. You agree not to reproduce or resell the Gloves with Print Template or exploit thereof for other commercial purposes, unless agreed otherwise.
Your Image
If You intend to order custom made Gloves with Your Image You can upload Your Image via XXX.
If You provide Your Image to be placed on the Gloves made by Us, it must be in XXX formats, image sizing XXX. We do not take responsibility for printing results when You provide Us poor quality files of Your Image. Such uploaded file shall not transmit any worms or viruses, be corrupt or contain any code, files, or programmes of a destructive nature.
Uploading Your Image by clicking XXX, You confirm that You have the right to use Your Image, i.e. (i) You created Your Image yourself from original elements and are the owner of intellectual property rights or (ii) have the rights owner’s written permissions (license) to use Your Image (or part thereof) and modify it (if needed). You cannot use Your Image if certain elements of Your Image haven been copied without written permission (licence).
By uploading Your Image, You also confirm that Your Image complies with all applicable laws and rules laid down in these Terms & Conditions.
Your Image and any element thereof must not:
infringe any copyrights or other intellectual property rights of third persons,
constitute a criminal offence or be otherwise unlawful (for example, contain Nazi swastika or the Communist hammer and sickle or another prohibited symbol),
be threatening, defamatory, or abusive,
be harassing,
be likely to deceive,
be harmful or attempt to harm in any way,
be made in breach of any legal duty,
invade other persons’ privacy,
contain pornographic, sexually explicit, or indecent elements,
constitute hate speech and be obscene, offensive, slanderous, or inflammatory,
promote discrimination based on race, religion, sex, sexual orientations or other grounds,
promote violence,
advocate or promote any illegal or immoral activity,
contain false, misleading, or prohibited advertising,
contain confidential information (for example, passwords),
be ethnically, socially, politically, legally, morally, religiously, or otherwise objectionable.
We do not take a responsibility for any errors, mis-spelling issues in Your Image. Before uploading Your Image, You must examine it thoroughly.
You retain all ownership rights to Your Images added on the Gloves and are solely responsible for content of Your Image.
By uploading Your Image, You grant Us a right to use Your Image to the extent necessary to made Gloves with Your Image and to perform the purchase-sale contract, as well the non-exclusive, royalty-free, worldwide right and licence to use, copy, share, modify, publish or otherwise exploit Your Image added onto the Gloves in any manner for the purposes of promoting and advertising the Gloves or the Shop in various media. This licence does not allow Us to use Your Image to create Print Template. Your Image won’t be available as Print Template to other users of the Shop.
We also have a non-exclusive, royalty-free, worldwide right and licence to use, copy, share, modify, publish, or otherwise exploit your social media content in any manner for the purposes of promoting and advertising the Gloves or the Shop provided that You have mentioned Our social media account or the Shop in that content (post, story etc.).
We do not check Your Images and take no responsibility for Your Images uploaded by You and added on the Gloves. However, we retain a right, at Our sole discretion, to refuse print Your Image on the Gloves if its quality is obviously very poor, or if We doubt Your rights to Your Image, or if We have reason to believe that Your Image may infringe third persons’ rights or other requirements mentioned above.
You agree to hold Us harmless and indemnify Us for all losses, damages, claims, and expenses including reasonable legal fees that are based on or related to Your Image.
We can refuse to print Your Image on the Gloves if its quality is obviously very poor, or if We doubt Your rights to the image, or if Your Image breaches other requirements mentioned above.
Limitation on Liability
IN NO EVENT WE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE STORE, GLOVES, THE STORE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE STORE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF YOUR ACCESS TO OUR USE OF THE STORE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST SALES OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE STORE OR THE STORE CONTENT OR SERVICES, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE GLOVES, STORE OR ANY SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC GLOVES, STORE OR ANY SERVICES.
Information
We will send all notifications and other information to the e-mail address You specified during the purchase.
We are not responsible for any disruptions in the internet connection, e-mail service providers' networks, due to which We do not receive e-mails from You.
You must send all messages, demands, requests and questions to Us to the contact addresses specified in these T&C or in the Shop.
Personal Data
We have the right to process and manage personal data provided by You during the shopping process or later when using the Shop or collected by Us in other ways in accordance with the procedure set out in these T&C and the Privacy Policy.
Final Provisions
We may at any time transfer our rights and obligations arising from these T&C to third parties without Your consent and without notifying You in advance.
The law of the Republic of Latvia applies to these T&C.
All disputes regarding the purchase-sale contract, browsing the Shop, etc. are resolved through negotiations. If the parties fail to resolve the dispute through negotiations within 30 days, the disputes shall be finally resolved in accordance with the procedure established by the laws of the Republic of Latvia in the court according to the place of Our registered office.
Consumer can also submit a request and/or complaint regarding the Gloves purchased on the Shop to Consumer Rights Protection Centre (Brīvības street 55, Rīga, LV-1010, Latvia, e-mail [email protected], on the website https://www.ptac.gov.lv/en).