These terms and conditions are the contract between you and Grijben (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are Grijben James Wallis, an enterprise registered in Poland, NIP: 5871727400, REGON: 387433160. Our address is Swarzewska 13, 84-100 Puck, Poland.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms.
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.|
|“Goods”||means any of the goods we describe and market for sale on Our Website, or, if the context requires, goods we sell to you.|
|“Supplier”||means the company or organisation from which you purchase any of the Goods or Services described on Our Website, such as Amazon or Spreadshirt.|
|“Intellectual Property”||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|“Our Website”||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.|
|“Services”||means the service provided from Our Website.|
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of our Goods to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £20 per hour.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
- The Goods are described on Our Website for information purposes only. We do not sell the Goods advertised on this website directly. All Goods described and marketed by Grijben are purchased by you from third-party suppliers and supplied to you by such suppliers. The actions of these suppliers are largely outside of our control.
- The purchase of Goods by you from a third-part supplier forms a contractual arrangement between you and that supplier but does not form a contractual arrangement between you and Grijben. We accept no liability for the actions of such suppliers and make no representation or warranty relating to the Goods or services supplied by them, including but not limited to aspects such as the condition, merchantability, fitness for a particular purpose, adequacy or appropriateness for your purpose, availability, price, delivery time, taxes, duties, correspondence of the Goods with any description, or quality of the Goods supplied.
- Your rights and responsibilities regarding any purchase from a third-party supplier made by you are governed by the contract between you and that supplier. Please refer to the supplier’s terms and conditions for further information. In the event of any queries or complaints relating to your purchase from a third-party supplier, please direct any communications with the supplier in the first instance.
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he/she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and act on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may change at any time.
- If you buy Goods from any arrangement which does not involve your payment via Our Website; these terms only apply so far as they can reasonably be applied.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision), as well as to us.
- If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
Children on Our Website
- Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
- In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
- We do not knowingly collect personal information from any person under the age of 16 years.
- Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
- It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
- Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
- Filter software may also be useful to you.
- You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
- You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
You agree that at all times you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- notify us of any suspected infringement of the Intellectual Property;
- so far as concerns our work provided or made accessible by us to you, you will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by this agreement;
- give access to it to any other person than you, the licensee in this agreement;
- in any way provide any information about it to any other person or generally.
- not use the Intellectual Property except directly as intended by this agreement or in our interest.
Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
- The Grijben Website and Grijben Services are provided “as is”. We make no representation or warranty that Our Website will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We accept no responsibility for third-party advertisements which are posted on Our Website or through the Services;
- We make no representation or warranty and accept no responsibility in law for:
- accuracy of any Content or the impression or effect it gives;
- delivery of Content, material or any message;
- privacy of any transmission;
- any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
- any aspect or characteristic of any goods or services advertised on Our Website;
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies who may enforce this clause as well as to ourselves.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by registered post or by e-mail.It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: on confirmation of delivery;
- if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- The validity, construction and performance of this agreement shall be governed by the laws of Poland and you agree that any dispute arising from it shall be litigated only in that country.