These Terms and Conditions govern the use of websites, mobile apps and related services operated by Ferrex and our group companies.
1. Introduction
This document sets out the legally binding terms and conditions on which we provide access to and use of our websites, mobile applications and related services to you. Please read these Terms carefully before using the Services. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree with all of these Terms, you must not access or use the Services.
We may revise and update these Terms at any time by posting the updated Terms on the Services. Your continued usage of the Services will mean you accept those changes. You should check the Terms periodically for updates.
2. Definitions
- “Services” means Ferrex websites, mobile apps, APIs, widgets, online portals, forums and other related services.
- “Company” means Ferrex B.V. and our affiliated group companies, subsidiaries and corporate brands including Ferrex Power Tools, Ferrex Home and Garden.
- “Content” means any text, data, graphics, images, videos, profiles and other materials appearing on or available through the Services.
- “Personal Data” means personally identifiable information as defined in the [Privacy Policy].
- “User” or “you” means any person accessing or using the Services.
3. Account Access and Security
You may need to create an account to access certain parts of the Services like online shopping, user forums and downloads. You are responsible for keeping your login credentials confidential and secure. Do not share your credentials with anyone else.
We have implemented reasonable technical and organisational security measures to protect your account against unauthorised access. However, we cannot guarantee complete protection against unauthorised access or hacking. You are responsible for configuring suitable security settings on your devices to control access.
4. Acceptable Use Policy
You must access and use the Services for lawful purposes only and agree to the rules below:
- No illegal activities – Do not use the Services to engage in, or promote, illegal activities.
- No copyright infringement – Do not upload, download, share or otherwise distribute content that infringes copyright or other intellectual property rights.
- No spam or commercial use – Do not use the Services to distribute spam, junk communications or otherwise contact others for commercial purposes without consent.
- No bots or hacking – Do not employ bots, scrapers, hacks or other automated means to access, use or download data from the Services.
- No offensive content – Do not upload, post or transmit racist, sexist, threatening, obscene or otherwise objectionable content.
- No impersonation – Do not impersonate other users or provide inaccurate information about yourself.
- No viruses or malware – Do not introduce viruses, worms, logic bombs or other harmful code into the Services.
- No hindering operations – Do not interfere with, damage, disable or overburden the proper working of the Services.
We reserve the right to terminate accounts or block access to users who violate these rules or applicable laws.
5. User Content
The Services allow you to submit, upload and share user generated content like forum posts, reviews, images and videos (“User Content”). You retain full ownership over your User Content.
When submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify, create derivative works, publicly display, communicate and distribute your User Content on or through the Services. This license continues even if you stop using the Services.
You are solely responsible for your User Content. It must comply with applicable laws and our Acceptable Use Policy. We may remove User Content that violates our policies or is otherwise objectionable. Your User Content must not infringe or violate third party rights or applicable laws. You warrant that you have the necessary rights to grant us the license to your User Content detailed above.
We are not required to host, display, or distribute your User Content and may remove it at any time.
6. Order Processing and Delivery
You may order products like power tools, parts and accessories via the ecommerce sections of our websites and apps. Product pricing and availability information displayed is subject to change. Prices do not include taxes and delivery costs which will be added at checkout.
Your order represents an offer to purchase a product which will be deemed accepted by us when we dispatch the order, charge your payment method and send order confirmation. We reserve the right to refuse orders at our sole discretion.
We aim to dispatch orders within 72 hours of acceptance, however delays are possible. We offer standard and expedited delivery options with estimated timeframes, which commence from the date of dispatch. Delivery dates are not guaranteed dispatch and transit time estimates only.
We use reputable delivery partners but are not liable for delays or delivery failures caused by events outside our control like severe weather or transportation difficulties. Goods remain the responsibility of Ferrex until delivered to you. Ownership transfers only on receipt or proof of delivery. Unless faulty, we do not accept refunds for late deliveries.
Ensure orders are delivered and contents checked promptly on receipt. Notify us within 7 days of delivery to report incomplete, lost or damaged orders to file a claim with the carrier. We cannot guarantee successful claims for orders reported late.
7. Digital Content
We provide digital content like software, apps, ebooks and other downloads for free or for purchase. Paid digital content may be subject to additional license terms presented at checkout which you must agree to prior to download.
Digital content is licensed, not sold, to you solely for personal use subject to these Terms. We grant you a limited, non-exclusive license to access and use the digital content for lawful purposes. You may not copy, reproduce, distribute, create derivative works or otherwise commercially exploit digital content.
8. User Forums
Our websites and apps offer user community forums enabling discussions between users. We are not responsible for user generated content shared in these forums. Forum content does not represent our opinions or values.
When participating in forums, you must comply with local laws and our Acceptable Use Policy. We may moderate or remove forum posts at our discretion. You are solely responsible for your interactions with other users. We are not liable for the conduct of any user. Any dispute between users must be resolved between the users directly without involving us.
9. Links to Third Party Websites
The Services may contain hyperlinks or integrations with websites, mobile applications and services operated by third parties including social networks. We provide these links for your reference only.
We do not control, recommend or endorse and are not responsible or liable for third party content, products, services, business practices or privacy policies. Your use of third party sites is at your own risk and subject to the terms and conditions of those sites.
10. Intellectual Property Rights
All content available on the Services including website design, text, graphics, logos, icons, images and software is the property of Ferrex or its content suppliers and protected by international copyright laws.
The Ferrex name and related trademarks, service marks, logos and designs are proprietary marks owned by us or our group companies. You may not use our trademarks without prior written permission.
11. Termination of Service
We may suspend, restrict or terminate your access to the Services and your account if we reasonably believe you have violated these Terms or applicable laws. We will make reasonable efforts to notify you in advance and provide reasons. Grounds for termination include prolonged inactivity spanning over 180 days.
Where permitted by law, we may terminate the Services with 30 days advance notice. Following termination, we will promptly deactivate your account and delete or anonymise unused personal data within a reasonable timeframe.
Termination does not affect our existing rights or your accrued obligations. You are not entitled to any refund of fees, pro-rata or otherwise. All provisions survive termination which by their nature should reasonably do so.
12. Warranties and Disclaimer
We provide the Services on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We expressly disclaim all implied warranties including merchantability, fitness for purpose, quality, accuracy, timeliness, completeness or that the Services will be error-free.
We make no warranties that the Services are free from viruses, impairments or errors which may cause interruptions. You are responsible for ensuring your devices and data are protected against security breaches.
While we aim for a continuous and uninterrupted service, we cannot guarantee ongoing availability or that the Services will remain available in the future. We may interrupt, restrict or discontinue the Services at any time.
Content available via the Services like advice, suggestions and statements are for informational and illustrative purposes only. We make no warranties regarding completeness, accuracy or suitability for a purpose. You bear all risks related to your use of third party resources.
13. Limitation of Liability
Our liability for damages related to your use of the Services is limited to the maximum extent permitted by law. In no event are we liable for lost profits, revenues, business opportunities or anticipated savings, loss of data, reputational harm or consequential, special, indirect or incidental damages.
The total liability for all claims arising from or relating to the Services is limited to the amount paid, if any, by you to access and use the Services in the 12 months prior to the claim arising. This exclusion and limitation applies even if the legal theory does not involve contract or tort.
Where permissible, we disclaim liability for any harm resulting from use or misuse of the Services by a user or third party outside our reasonable control.
Nothing in these Terms limits or excludes our liability for gross negligence, wilful misconduct, fraud or intentional misrepresentation. Some jurisdictions do not allow certain disclaimer of warranties or limitation of liabilities, so portions of the above limitations may not apply to you.
14. Indemnification
You agree to defend, indemnify and hold harmless the Company, our affiliates and licensors and our respective officers, directors, employees and representatives from any claims, damages, liabilities, costs and expenses (including legal fees) arising from:
- Your breach of these Terms or applicable laws;
- Your User Content; and
- Your misuse of the Services.
We reserve the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification by you. You agree to cooperate and provide information as reasonably required for our defence.
15. Governing Law
These Terms shall be governed by the laws of the Netherlands. In the event of any disputes, the parties agree to attempt resolution through good faith negotiations and mediation processes before resorting to legal recourse. All lawsuits arising from or relating to the Services must be filed in Amsterdam, Netherlands which shall have exclusive jurisdiction.
16. Severability
If any provision of these Terms is deemed unlawful, invalid or unenforceable, it shall be deemed severed only to the extent necessary and the validity and enforceability of the remaining provisions will not be affected.
17. No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our rights to subsequently enforce that or any other provision.
18. Assignment
We may assign any or all of these Terms without restriction or notification. You may not assign, sublicense or transfer your rights or obligations under these Terms without prior written consent.
19. Feedback
Any feedback, suggestions or ideas you provide regarding the Services becomes our sole property. By submitting suggestions, you agree that we can use and share such feedback for any purpose without compensation or attribution.
20. Promotions
Contests, sweepstakes or other promotions hosted on the Services may have additional rules and eligibility requirements. It is your responsibility to read and comply with promotion rules.
21. Changes to Terms
We may revise these Terms from time to time to better reflect our products and services. If a revision materially modifies your rights or obligations, we may require that you accept the updated Terms in order to continue using the Services. Revisions that do not require your consent will be effective immediately upon us providing notice on our website or apps.
22. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Services. These Terms supersede any prior agreements or previous versions of these Terms. Any waiver of our rights must be made in writing and signed by an authorised representative. Headings and titles are for convenience only and have no legal or contractual effect.
23. Contact Us
Please email [email protected] if you have any questions about these Terms. Our address is Ferrex B.V., Herikerbergweg 238, Amsterdam 1101 CM, Netherlands.
