Terms of Service
Last updated: January 3, 2022
1.1 These general terms and conditions (hereinafter: “Terms”) are used by ATO-gear B.V., a company with limited liability under the laws of the Netherlands having its registered office in Eindhoven, the Netherlands, and its principle place of business at Schimmelt 28, 5611 ZX Eindhoven, the Netherlands and registered at the Chamber of Commerce under registration number 63392445 (hereinafter: “ATO-GEAR”, “us”, “we”, “our”).
1.2 ATO-GEAR can be reached by e-mail: firstname.lastname@example.org.
1.3 Our VAT-number is NL855216141B01.
1.4 The headings and hyperlinks used in the Terms are included for your convenience only and will not limit or otherwise affect the Terms.
2 Applicability, changes and severability
3 Ordering Products
3.1 To purchase Products, you should be:
i) At least 18 years old; and
ii) A consumer – not a distributor, reseller or agent.
3.2 For ordering any Products, you need an e-mail address. Furthermore, you may have to adjust the cookie-settings of your browser to make sure the Product does not disappear from your shopping cart.
3.3 You will find an adequate description of the Products and its essential characteristics on the Website on the respective Product pages, together with the applicable prices, possible delivery methods and estimated delivery dates. Should any delivery restrictions apply, you will be informed of those restrictions before placing your order.
3.4 To enter into a contract to purchase Products from ATO-GEAR, you must undertake the following steps:
i) Find the Products you wish to purchase;
ii) Add the Products to your shopping chart;
iii) When you added al the desired Products, proceed to the checkout;
iv) Make sure you check your personal details and delivery address;
v) Choose your payment method;
vi) Perform the payment;
vii) You will receive a confirmation of your order.
3.5 During the process of purchase, you may click the back button in your browser to edit or correct the information you provided in an earlier stage of the process. This way you are able to correct any errors prior to the placement of the order.
3.6 After complete the checkout steps, you are obliged to fulfil the payment obligations corresponding to your order. When we receive your order, you will see a confirmation of your order in your screen. The contract between you and ATO-GEAR regarding the purchase of Products is then concluded. We will not file this agreement for your convenience. We will follow up the website confirmation by e-mailing you a confirmation of the agreement including the details of your order and delivery as well as (a link to) the Terms.
3.7 We make every effort to display the colours of our Products as accurately as possible on our Website. We cannot guarantee that your computer or (mobile) device that you use to view our Products displays the colours accurately.
3.8 We reserve the right to limit the sales of our Products to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis and furthermore we reserve the right to limit the quantities of any Products we offer. We reserve the right to limit orders of Products when Products run out of stock or are in any way unavailable or not compliant to the information we have provided you with on the Website.
3.9 We reserve the right to limit or prohibit orders of Products that, in our sole judgement, appear to be placed by dealers, resellers, distributors or minors. Should you want to enter into a contract with us to purchase Products while you are not the end-user, please contact us via email@example.com.
3.10 We expressly reserve the right to involve third parties to perform (parts of) any contract that you enter into with ATO-GEAR, such as but not limited to the delivery of your Products. We will inform you of the involvement of such third party, in which event the terms and conditions of such third party also apply.
3.11 Delivery of Products will take place from Monday to Friday. We do not deliver Products on national holidays. Please check the current delivery possibilities and terms on the Website. We strive to deliver the Products you purchased in one delivery, but this might not always be possible. Should we expect any delay in your delivery, we will inform you by e-mail.
3.12 We shall not be under any obligation to pay any customs duties, fees and/or applicable taxes on your behalf. You shall pay customs duties, fees and applicable taxes on imported shipments.
4 Returning your Products
4.1 We try our best to make sure you are happy with the Products you purchased from ATO-GEAR. The delivered Product should comply with the respective purchase agreement.
4.2 When a Product consists of a non-tailor-made work, you have the right to return your Product for a refund within 14 days after the delivery. When your Product is delivered to you in separate deliveries, the 14-day period starts as from the day the last delivery was made to you. Should you wish to return a Product please use the following address:
Schimmelt 28, 5611ZX Eindhoven, The Netherlands
4.3 We will refund your Product(s) and the delivery costs by means of the same payment method that you have used to pay us within 14 days after receiving your return notification. We reserve the right to withhold the refund of the delivery costs when you have explicitly requested us to use a different delivery method than the method(s) as we offered to you.
4.4 When returning your Product(s), you shall bear the costs of the return-delivery.
4.5 When the order is still being processed by us, you may cancel your order by contacting us via the information as provided in Article 1 of these Terms. In such event we will send you a confirmation of your cancellation per e-mail. In the event we have already carried over the Product for delivery, you will have the right to return the Product within 14 days after full delivery to you has taken place.
4.6 We offer a warranty on the smart insoles for 1000 km or 1 year, whichever comes first. The remaining electronics are under warranty for 2 years. Within this warranty period, if (part of) the Product is no longer functional, we will replace it for you free of charge.
5 Prices and payments
5.1 Except for the Products, the Services are free of charge. Prices for the Products are stated clearly and unambiguously on the Website. When tax or (additional) delivery costs are applicable, such is indicated and included in the total price. The applicable currency is shown on the Product pages.
5.2 The available payment methods are stated on the Website and are currently limited to iDEAL, credit card, Bancontact and Paypal payments. We do not accept any other means of payment. Should you choose to make your payment by using any other means of payment, ATO-GEAR is not liable or responsible for the consequences of this choice.
5.3 ATO-GEAR may, from time to time, adjust the prices for the Products. The adjusted prices will be applicable from the moment of publication of such prices on the Website. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Website, Services and/or Products.
5.4 By using a Service (such as the purchase of Products) that requires payment, you agree that we will transfer your information over various networks. In transferring your payment details, we will always maintain an appropriate level of encryption.
6 Use of the website
6.1 You agree to use the Website for lawful purposes only. You are prohibited from using the Website for any other purpose than making use of the Services and ordering Products, subject to these Terms.
6.2 Should you use the Website or the Services in any unlawful matter or violate the Terms in any way, we reserve the right to terminate or refuse the Services we provide to you or refuse to process any orders for purchasing Products.
7 Physical information and medical use of the Products
7.1 Via our Products we offer the possibility to measure, store and analyse your physical fitness and health. We undertake all reasonable efforts to help you acquire your best results, including but not limited to providing you with data to help you with planning your exercise or otherwise maintain or achieve a healthy lifestyle. However, the decisions you choose to make, possibly with the help of the information gathered through our Products, are your own. We are not responsible or liable for any decision or consequences of a decision you make pursuant to the use of our Website or Products.
7.2 The information provided to you via our Website contains general information only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information, such as your doctor, physiotherapist or any other physician. Any reliance on the information as published on this Website and/or through our Products is at your own risk.
8.1 The Website is provided “as is”. We do not guarantee the accuracy or completeness of the Website or any information on it or that it is free of defects or viruses.
8.2 Any liability of ATO-GEAR, whether direct, indirect, immaterial or consequential, resulting from the use of the Website or Services is excluded to the fullest extent permitted by law, unless damage is the result of intent or gross negligence on our side. In any event, ATO-GEAR’s total liability for damages shall be limited to compensation of direct damages, up to the invoice value of the respective Products.
8.3 We will not be liable to you or to any person for any loss or damage of any kind that may arise from the unauthorized use of the Website or our Services and the unauthorized use of any information contained within the Website.
8.4 We will use reasonable endeavours to ensure that the Website is and will stay fully operational. Due to the nature of the Internet, we cannot guarantee that the Website will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Website is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. We take precautions to protect all (personal) data collected through the Website but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data.
8.5 The Website may include (hyper)links and other references to third party files, websites and locations. We have not verified the content of such files, websites and locations and therefore only offer the possibility to obtain further information, if and insofar this is desired by you. A reference to any third party or third party information cannot be considered any recommendation for such third party or third party information, neither explicit nor implied. We do not guarantee the accessibility or content of such third party files, websites or locations and cannot accept any liability for the operation of such files, websites or locations, nor for any damage, whether direct or indirect, resulting from accessing such files, websites or locations. The sole fact that we have included a reference to any third party websites or applications does not imply that we endorse its contents.
8.6 Without prejudice to the provisions set out above, we will not be liable for damages resulting from intentional acts, omissions and/or gross negligence by you or your improper use of the Website or the Services.
9 Our Rights
9.1 We may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of our users.
9.2 We may terminate, limit or suspend your access to all or a part of the Website or the use of our Services, without notice, amongst others for any conduct that we, in our sole discretion, believe is in violation of any applicable law and/or the Terms, or is harmful to the interests of another user, a third-party or us. We may also at any time and without notice limit your access to those parts of the Website or to certain functionalities where such access or functionality is in our sole discretion not needed by you.
10 Intellectual Property
10.1 We reserve all rights of intellectual property with respect to the Website and any of our Services or Products, including but not limited to copyright, trademark rights, trade name rights, designs, database rights, patents and rights to knowhow. We reserve the right to further exploit, improve, test, delete and alter the Website and/or Services.
10.2 You are not permitted to remove any mark or sign of intellectual property rights from the Website or Products or to reproduce, duplicate or copy any (part of) our Website and/or Services.
10.4 We reserve the right to use the material mentioned in article 10.3 for purposes of analysing, storage, reproduction, and any other (commercial) activity as may be necessary to provide you with the best Products and Services and to further improve and market the Website, Services and Products. We shall only use such material when we have made sure that it cannot be used to identify you with
12 Term and termination
12.1 These Terms are effective until terminated by ATO-GEAR. If you no longer agree to be bound by these Terms, you must cease your use of the Website and can no longer use our Services or order any Products from us.
13 Applicable law and disputes
13.1 The Terms, all agreements and legal relationships between you and ATO-GEAR concerning the Website and Services (such as but not limited to the purchase of Products) shall exclusively be governed by and construed in accordance with the laws of the Netherlands such with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980).
13.2 The District Court of Oost-Brabant, the Netherlands, shall have exclusive jurisdiction regarding any dispute arising under, out of, or relating to the Website and Services (such as but not limited to the purchase of Products), the Terms and any subsequent amendments to the Terms, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims.
14.1 The failure of either party (ATO-GEAR or yourself) to enforce at any time a legal right or an article or any part thereof of the Terms, or the failure to require at any time performance by the other Party of a legal right or an article or part thereof of the Terms, shall in no way constitute a present or future waiver of such legal right or article or part thereof, nor in any way affect the validity of either party to enforce each and every legal right or article of the Terms.
14.2 If any article, term or provision of the Terms is found or held to be invalid, non-binding or unenforceable, parties shall remain bound to the remaining part. The invalid or non-binding part shall be replaced by provisions which are valid and binding and the effect of which, given the contents and purpose of the Terms, is, to the greatest extent possible, similar to that of the invalid or non-binding part.
14.3 Should you have any questions, need more information or would want to launder a complaint, please contact ATO-GEAR via firstname.lastname@example.org.
14.4 Should you want to make use of any means of alternative dispute resolution, you may contact ATO-GEAR to this end via email@example.com. For more information on online dispute resolution, please be referred to the ODR-platform of the European Commission.