Terms of service
OVERVIEW
Welcome to BODYPOP AS! The terms “we”, “us” and “our” refer to BODYPOP AS. BODYPOP AS operates this store and website, including all related information, content and tools and all related features, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). BODYPOP AS is powered by Shopify, which allows us to provide the Services to you.
The terms below, in combination with any policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and responsibilities in connection with your use of the Services.
Please read these Terms of Use carefully. They contain important information about your legal rights and cover topics such as disclaimers related to warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or this Privacy Policy, you should not use or access our Services.
PAYMENT METHODS
Card payment (Visa/Mastercard)
Vipps/Mobilepay
Google Pay
Apple Pay
The amount is automatically deducted from your chosen payment solution when you complete your purchase. We or our partners never deduct anything from you without your approval. All payment methods are equally secure. We never store your card information.
After you have added the items you want to your shopping cart, you choose how you want to pay for the items at checkout.
PART 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you confirm that you are at least the age of majority in the state or province in which you reside, and you have given us your consent to allow all of your minor dependents to use the Services on devices you own, purchase, or manage. In order to use the Services, including accessing or searching our online stores or purchasing any of the products or services we offer, you may be asked to provide certain types of information, such as your email address, billing information, payment information, and shipping information. You represent that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account login information and all account activity. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note, however, that colors and product appearance may differ from how they appear on your screen due to the type of device you use to visit the store, and your device’s settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those depicted or represented in our online stores. All product descriptions are subject to change at any time, without notice and in our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the number of products we offer to any person, geographic area or jurisdiction, on an individual basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BODYPOP AS reserves the right to accept or decline your order for any reason, in its sole discretion. Your order is not accepted until BODYPOP AS confirms that it has been accepted. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. BODYPOP AS may not be able to accept cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or telephone number provided when the order was placed. Your purchases are only eligible for returns and exchanges in accordance with our Return Policy. You represent and warrant that your purchases are for your personal use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price applicable to a product or service is the price in effect at the time of your order and is described in your order confirmation email. Unless otherwise noted, prices do not include taxes, shipping, handling, customs duties or import duties. Prices published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may offer promotions through the Services from time to time. These promotions may affect prices and are subject to separate terms and conditions that are separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can process your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have proper authorization to use the credit card for the purchase, (iii) charges you incur will be authorized by your credit card company, and (iv) you will pay charges you incur at the published rates, including shipping and handling fees and all applicable taxes and duties, if applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only, not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. When we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, and audio, and the design and organization thereof, are owned by BODYPOP AS, its affiliates, or licensors, and are protected by patent, copyright, and other intellectual property laws in Norway and other countries. These Terms permit you to use the Services only for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials in the Services without our prior written consent. Except as otherwise set forth herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patents, trademarks, copyrights, or other intellectual property of BODYPOP AS, Shopify, or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not specifically granted herein are reserved by BODYPOP AS. BODYPOP AS’s names, logos, product and service names, designs, and slogans are trademarks of BODYPOP AS or its affiliates or licensors. You may not use such trademarks without obtaining prior written permission from BODYPOP AS. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may access customer tools offered by third parties through the Services. We do not monitor and have no control over them. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions, and without any endorsement or support of them in any way. We have no liability whatsoever arising from or related to your use of any optional third-party tools. Any use of any optional tools provided through the Site is entirely at your own risk and discretion. You must ensure that you are familiar with and agree to the applicable third-party terms for providing the tools. We may also offer new features through the Services in the future (including re-launching new tools and resources). Such new features shall also be deemed to be part of the Services and are also subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites that you choose to visit. If you choose to leave our Services to access such materials or third-party websites, you do so at your own risk. We are not liable for any damages related to your access to any third-party websites, or for your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review the policies and practices of any third-party and ensure that you understand them before entering into any transactions. Complaints, claims, concerns, and questions regarding any third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BODYPOP AS is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make on our store are made directly with BODYPOP AS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and BODYPOP AS, including any personal injury, damages, or losses that arise in connection with products and services purchased. You hereby confirm that you release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with BODYPOP AS.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these Privacy Policies. Since Shopify hosts the Services, Shopify collects and processes personal information related to your access to and use of the Services in order to provide you with and improve the Services. Information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than yours in order to provide you with the Services. Please review the Privacy Policy Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including for commercial purposes. For example, we may use the rights we have under this license to operate, provide, evaluate, expand, improve and promote the Services, and to perform our obligations and enforce our rights under the Terms of Use. You also represent and warrant that (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback, and (iii) your Feedback complies with these Terms. We are not, and will never be, obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback. We may choose to do so, but have no obligation to monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise inappropriate, or that infringes the intellectual property rights of others or violates these Terms of Service. You agree that your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy, title, or other private or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, harassing, or obscene Feedback, or contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related websites. You may not use false email addresses, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of your Feedback. You are also solely responsible for all Feedback you provide and its accuracy. We assume no responsibility and assume no liability for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, at any time and without notice, if any information is found to be inaccurate (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose, (b) to violate any international, federal, provincial or national rules, laws or local ordinances, (c) to infringe or violate our intellectual property rights or the intellectual property rights of others, (d) to harass, insult, harm, defame, slander, disparage, threaten or harm any of our employees or other persons, (e) to send false or misleading information, (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms, (g) to send, transmit or solicit the sending of any form of advertising or promotional materials, including "junk mail", "chain letters" or similar communications, (h) to impersonate or attempt to impersonate another person or legal entity, or (i) to engage in any other conduct that restricts or inhibits anyone else's use of the Services, or that, in our sole discretion, may harm BODYPOP AS, Shopify or users of the Services, or expose them to liability. In addition, you agree not to (a) upload or transmit viruses or any other form of malicious code that is used or may be used in a way that interferes with the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, (c) collect or track personal information belonging to others, (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or data scraping, or (e) interfere with or circumvent the security features of the Services, related websites or other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof), in our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Disclaimer of Liability, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and other provisions if their nature requires them to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available for general informational purposes only. We make no representations or warranties as to the accuracy, completeness, or usefulness of such information. If you rely in any way on such information, you do so entirely at your own risk. We disclaim all liability and responsibility arising from your or any other visitor to the Services, or any other person who may access the content, use of such materials. EXCEPT AS DESCRIBED IN THE TERMS OF USE, BODYPOP AS PROVIDES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BODYPOP AS OR ANY OF OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS OR ANY FORM OF DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, COSTS OF REPLACEMENT OR SIMILAR DAMAGES, WHETHER BASED ON TORTS (INCLUDING IN CONNECTION WITH NEGLIGENCE), DIRECT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH A POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to defend and hold harmless BODYPOP AS, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability and claim, including reasonable attorneys’ fees, made by any third-party due to or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or your violation of the rights of a third-party, or (3) your access to and use of the Services. We will notify you of any such claim, provided that our failure to notify you will not relieve you of any of our obligations unless our failure to notify you would be materially disadvantageous to you. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that involves non-monetary obligations on your part, without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of any claim, including by providing necessary documentation.
SECTION 18 – SEVERABLE INVALIDITY
If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, such provision shall nevertheless be valid to the fullest extent permitted by applicable law, and the unenforceable portion(s) shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of any remaining provisions.
SECTION 19 – DISCLAIMER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies and rules we post on this Site or in connection with the Services constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed to the disadvantage of the party that drafted the wording.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written permission, and any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Use and any separate agreements relating to our provision of the Services to you shall be governed by and construed in accordance with the federal, state or territorial courts of the jurisdiction in which BODYPOP AS has its principal place of business. You and BODYPOP AS consent to the exclusive jurisdiction of such courts for all matters arising.
SECTION 22 – HEADINGS
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF USE
You may review the most current version of these Terms of Use at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any portion of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check the website for changes. We will notify you of any material changes to these Terms of Use, in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Use are posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Use should be directed to us at kundeservice@bodypop.no.
Our contact information is listed below:
BODYPOP AS
Corp ID: 820898672
Address: Bjørnestien 25, 1597 Moss
Email: kundeservice@bodypop.no
Tel: +47 4127655
Welcome to BODYPOP AS! The terms “we”, “us” and “our” refer to BODYPOP AS. BODYPOP AS operates this store and website, including all related information, content and tools and all related features, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). BODYPOP AS is powered by Shopify, which allows us to provide the Services to you.
The terms below, in combination with any policies referenced herein (these “Terms of Use” or “Terms”), describe your rights and responsibilities in connection with your use of the Services.
Please read these Terms of Use carefully. They contain important information about your legal rights and cover topics such as disclaimers related to warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or this Privacy Policy, you should not use or access our Services.
PAYMENT METHODS
Card payment (Visa/Mastercard)
Vipps/Mobilepay
Google Pay
Apple Pay
The amount is automatically deducted from your chosen payment solution when you complete your purchase. We or our partners never deduct anything from you without your approval. All payment methods are equally secure. We never store your card information.
After you have added the items you want to your shopping cart, you choose how you want to pay for the items at checkout.
PART 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you confirm that you are at least the age of majority in the state or province in which you reside, and you have given us your consent to allow all of your minor dependents to use the Services on devices you own, purchase, or manage. In order to use the Services, including accessing or searching our online stores or purchasing any of the products or services we offer, you may be asked to provide certain types of information, such as your email address, billing information, payment information, and shipping information. You represent that all information you provide to our stores is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account login information and all account activity. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note, however, that colors and product appearance may differ from how they appear on your screen due to the type of device you use to visit the store, and your device’s settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those depicted or represented in our online stores. All product descriptions are subject to change at any time, without notice and in our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the number of products we offer to any person, geographic area or jurisdiction, on an individual basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BODYPOP AS reserves the right to accept or decline your order for any reason, in its sole discretion. Your order is not accepted until BODYPOP AS confirms that it has been accepted. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. BODYPOP AS may not be able to accept cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you via the email address, billing address and/or telephone number provided when the order was placed. Your purchases are only eligible for returns and exchanges in accordance with our Return Policy. You represent and warrant that your purchases are for your personal use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price applicable to a product or service is the price in effect at the time of your order and is described in your order confirmation email. Unless otherwise noted, prices do not include taxes, shipping, handling, customs duties or import duties. Prices published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may offer promotions through the Services from time to time. These promotions may affect prices and are subject to separate terms and conditions that are separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can process your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have proper authorization to use the credit card for the purchase, (iii) charges you incur will be authorized by your credit card company, and (iv) you will pay charges you incur at the published rates, including shipping and handling fees and all applicable taxes and duties, if applicable.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only, not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. When we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, and audio, and the design and organization thereof, are owned by BODYPOP AS, its affiliates, or licensors, and are protected by patent, copyright, and other intellectual property laws in Norway and other countries. These Terms permit you to use the Services only for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials in the Services without our prior written consent. Except as otherwise set forth herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patents, trademarks, copyrights, or other intellectual property of BODYPOP AS, Shopify, or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not specifically granted herein are reserved by BODYPOP AS. BODYPOP AS’s names, logos, product and service names, designs, and slogans are trademarks of BODYPOP AS or its affiliates or licensors. You may not use such trademarks without obtaining prior written permission from BODYPOP AS. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may access customer tools offered by third parties through the Services. We do not monitor and have no control over them. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions, and without any endorsement or support of them in any way. We have no liability whatsoever arising from or related to your use of any optional third-party tools. Any use of any optional tools provided through the Site is entirely at your own risk and discretion. You must ensure that you are familiar with and agree to the applicable third-party terms for providing the tools. We may also offer new features through the Services in the future (including re-launching new tools and resources). Such new features shall also be deemed to be part of the Services and are also subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites that you choose to visit. If you choose to leave our Services to access such materials or third-party websites, you do so at your own risk. We are not liable for any damages related to your access to any third-party websites, or for your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review the policies and practices of any third-party and ensure that you understand them before entering into any transactions. Complaints, claims, concerns, and questions regarding any third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BODYPOP AS is operated by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make on our store are made directly with BODYPOP AS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and BODYPOP AS, including any personal injury, damages, or losses that arise in connection with products and services purchased. You hereby confirm that you release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with BODYPOP AS.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these Privacy Policies. Since Shopify hosts the Services, Shopify collects and processes personal information related to your access to and use of the Services in order to provide you with and improve the Services. Information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than yours in order to provide you with the Services. Please review the Privacy Policy Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including for commercial purposes. For example, we may use the rights we have under this license to operate, provide, evaluate, expand, improve and promote the Services, and to perform our obligations and enforce our rights under the Terms of Use. You also represent and warrant that (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback, and (iii) your Feedback complies with these Terms. We are not, and will never be, obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback. We may choose to do so, but have no obligation to monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise inappropriate, or that infringes the intellectual property rights of others or violates these Terms of Service. You agree that your Feedback will not infringe the rights of any third party, including copyright, trademark, privacy, title, or other private or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, harassing, or obscene Feedback, or contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related websites. You may not use false email addresses, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of your Feedback. You are also solely responsible for all Feedback you provide and its accuracy. We assume no responsibility and assume no liability for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, at any time and without notice, if any information is found to be inaccurate (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose, (b) to violate any international, federal, provincial or national rules, laws or local ordinances, (c) to infringe or violate our intellectual property rights or the intellectual property rights of others, (d) to harass, insult, harm, defame, slander, disparage, threaten or harm any of our employees or other persons, (e) to send false or misleading information, (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms, (g) to send, transmit or solicit the sending of any form of advertising or promotional materials, including "junk mail", "chain letters" or similar communications, (h) to impersonate or attempt to impersonate another person or legal entity, or (i) to engage in any other conduct that restricts or inhibits anyone else's use of the Services, or that, in our sole discretion, may harm BODYPOP AS, Shopify or users of the Services, or expose them to liability. In addition, you agree not to (a) upload or transmit viruses or any other form of malicious code that is used or may be used in a way that interferes with the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, (c) collect or track personal information belonging to others, (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or data scraping, or (e) interfere with or circumvent the security features of the Services, related websites or other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof), in our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Disclaimer of Liability, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and other provisions if their nature requires them to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available for general informational purposes only. We make no representations or warranties as to the accuracy, completeness, or usefulness of such information. If you rely in any way on such information, you do so entirely at your own risk. We disclaim all liability and responsibility arising from your or any other visitor to the Services, or any other person who may access the content, use of such materials. EXCEPT AS DESCRIBED IN THE TERMS OF USE, BODYPOP AS PROVIDES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BODYPOP AS OR ANY OF OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS OR ANY FORM OF DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, COSTS OF REPLACEMENT OR SIMILAR DAMAGES, WHETHER BASED ON TORTS (INCLUDING IN CONNECTION WITH NEGLIGENCE), DIRECT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH A POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to defend and hold harmless BODYPOP AS, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability and claim, including reasonable attorneys’ fees, made by any third-party due to or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or your violation of the rights of a third-party, or (3) your access to and use of the Services. We will notify you of any such claim, provided that our failure to notify you will not relieve you of any of our obligations unless our failure to notify you would be materially disadvantageous to you. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim that involves non-monetary obligations on your part, without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of any claim, including by providing necessary documentation.
SECTION 18 – SEVERABLE INVALIDITY
If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, such provision shall nevertheless be valid to the fullest extent permitted by applicable law, and the unenforceable portion(s) shall be deemed severed from these Terms of Use, without affecting the validity and enforceability of any remaining provisions.
SECTION 19 – DISCLAIMER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies and rules we post on this Site or in connection with the Services constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed to the disadvantage of the party that drafted the wording.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written permission, and any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Use and any separate agreements relating to our provision of the Services to you shall be governed by and construed in accordance with the federal, state or territorial courts of the jurisdiction in which BODYPOP AS has its principal place of business. You and BODYPOP AS consent to the exclusive jurisdiction of such courts for all matters arising.
SECTION 22 – HEADINGS
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF USE
You may review the most current version of these Terms of Use at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any portion of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check the website for changes. We will notify you of any material changes to these Terms of Use, in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Use are posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Use should be directed to us at kundeservice@bodypop.no.
Our contact information is listed below:
BODYPOP AS
Corp ID: 820898672
Address: Bjørnestien 25, 1597 Moss
Email: kundeservice@bodypop.no
Tel: +47 4127655
