Terms of Use for Grounding-Sheets.com

Last updated: January 2, 2024

Grounding-Sheets and/or its affiliates („Grounding-Sheets.com“, „we“, or „us“) operate an online store („Grounding-Sheets“) located at www.Grounding-Sheets.com where you can purchase products and services („Grounding-Sheets Products“).

These terms of use apply to the content and functionality of the Grounding-Sheets store, as well as to the Grounding-Sheets store’s products.

1. Information that you provide to us

You may give us information about yourself when you visit the Grounding-Sheets store. Our privacy policy explains our practices concerning this information. We may need to send you emails and SMS messages, for example, to provide you with important information about your delivery. You authorize us to send these messages when you visit the Grounding-Sheets store and provide your contact information. Standard text messaging or data fees may apply to text messages. When offered, you may opt out of SMS notifications by replying to such a message with „STOP“ or following the instructions provided in the message. However, by opting out of text messaging, you may disable important security controls and increase the risk of loss to your business.

2. Copyright of Grounding-Sheets

Between you and Grounding-Sheets, Grounding-Sheets and its licensors exclusively hold all rights, title, and interest in patents, copyrights (including rights to derivative works), moral rights, publicity rights, trademarks or service marks, logos and designs, trade secrets, and any other intellectual property embodied by or contained within Grounding-Sheets („Grounding-Sheets“). Grounding-Sheets is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Grounding-Sheets not expressly granted to you in these terms of use are reserved.

You may choose to do so, or we may invite you to submit feedback or ideas about improvements to the Grounding-Sheets store or our products or services („Ideas“). If you submit an Idea, we will assume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Grounding-Sheets has no fiduciary or other obligation to you in connection with any Idea you submit, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Grounding-Sheets

Grounding-Sheets grants you a limited, revocable, non-exclusive, and non-transferable license to access the Grounding-Sheets store. This license does not include the right to use the content and information, including product listings.

You may not display, copy, modify, transmit, or use in any way the Grounding-Sheets trademarks and Grounding-Sheets.

4. Products, content, and specifications.

The details of products and services available for purchase in the Grounding-Sheets store („Grounding-Sheets Store Products“) are indicated in the Grounding-Sheets store. All features, content, specifications, products, and prices of products and services described or depicted in this Grounding-Sheets store are subject to change at any time without notice. Except as expressly stated otherwise, all weights, measurements, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may differ from that shown, and the appearance of a product in reality may differ from its appearance on the Grounding-Sheets store due to limitations of the systems you use to access the Grounding-Sheets store. The inclusion of products or services in the Grounding-Sheets store at a particular time does not imply or warrant that these products or services will be available at any time. Sometimes, the manufacturing or distribution of a certain product or service may be delayed for a number of reasons. In such a case, we will make reasonable efforts to inform you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the ordered products will be used only in a lawful manner.

5. Subscriptions

a. Subscription Terms. We may offer you the opportunity to purchase subscriptions via the Grounding-Sheets store. The specific terms for a subscription will be communicated to you at or before the time you purchase the subscription, and by purchasing the subscription, you agree to these terms.

b. Free Trials and Promotional Periods. If a subscription begins with a free trial or promotional period, you will have the right to cancel the subscription before the end of the trial or period. If we do not provide you with an online cancellation mechanism, you can exercise this right to cancel by contacting us. We will send you an email before the end of the free trial or promotional period to remind you that the trial or period is ending and to give you the opportunity to cancel before the start of the paid period. If you do not cancel, we will charge you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the specific terms for the subscription.

c. Cancellation. Your rights to cancel and the mechanism by which you can inform us of your decision to cancel will be disclosed to you at or before the time you subscribe to a subscription.

6. Your account

We may require you to create an account to access the Grounding-Sheets store, including to make purchases. If we do, you must provide accurate information about yourself when you create an account and ensure you update us if this information changes. You must ensure that your login information remains confidential. You are responsible for any activity, including purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and returns

This section 7 applies to Grounding-Sheets products that are physical goods. For clarity, this section 7 applies notwithstanding contrary conditions of any invoice or purchase order.

Orders are shipped by carriers selected by Grounding-Sheets. The shipping charges that will be billed to you, if any, will be provided before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and stock shortages or events beyond our control could impact the delivery date. Grounding-Sheets is not responsible for delivery after the estimated delivery date, nor for any loss, damage, or penalty you may suffer due to shipping or delivery delays. Except as otherwise stated in the product description, each Grounding-Sheets product will be delivered to the delivery location FCA (as that location is designated on the applicable order) (Incoterms 2010).

Except as otherwise stated in the product description, Grounding-Sheets products may be returned in their original packaging and condition (including all accessories and components provided) within 14 days of receipt of the item. However, unless otherwise indicated by us, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item you purchased. If this happens, your exclusive remedy is to return the item in an unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Grounding-Sheets will not cover the return shipping costs and will refund you the full purchase price.

8. Sanctions and export policy

You may not use the Grounding-Sheets store or purchase products from the Grounding-Sheets store in or for the benefit of a country, organization, entity, or person under embargo or blocked by any government, including those listed on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Grounding-Sheets store or any product from the Grounding-Sheets store is or will be appropriate or available for any location or jurisdiction, comply with the laws of any place or jurisdiction, or comply with laws governing export, import, or foreign use.

10. Warranties

We provide the Grounding-Sheets products „as is“ and „as available“, without any express, implied, or statutory warranty of title, merchantability, fitness for a particular purpose, or non-infringement. No data, documentation, or any other information provided by Grounding-Sheets or obtained by you from or through the Grounding-Sheets store – whether from Grounding-Sheets or another entity, and whether oral or written – creates or implies any warranty from Grounding-Sheets to you.

Grounding-Sheets disclaims all knowledge and does not warrant: (a) the accuracy, reliability, or completeness of data provided through Grounding-Sheets; (b) that the Grounding-Sheets Products will meet your specific needs or requirements; (c) that the Grounding-Sheets store will be available at a particular time or location, will operate uninterrupted, or will be secure; (d) that Grounding-Sheets will correct any defects or errors in the Grounding-Sheets store; or (e) that the Grounding-Sheets store is free of viruses or other harmful codes. The use of data, products, or services to which you access, purchase, or download through the Grounding-Sheets store is at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss resulting from such access, purchase, or download.

Nothing in these Terms of Use has the effect of excluding, restricting, or modifying the application of any condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that it would: (a) contravene that law; or (b) cause any term of this agreement to be void.

10.1 Limitation of liability

In no event will Grounding-Sheets be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages arising from your use or inability to use the Grounding-Sheets store or from the unavailability of the Grounding-Sheets store, or for loss of profits, personal injury, or property damage, or for any other damages arising from, in connection with, or related to these Terms of Use or your use of the Grounding-Sheets store, even if such damages are foreseeable, and whether you or the Grounding-Sheets has been informed of the possibility of such damages. Grounding-Sheets is not responsible and disclaims all liability for any damage, injury, or loss resulting from or related to hacking, tampering, or any other unauthorized access or use of Grounding-Sheets or your inability to use or implement anti-fraud measures, security controls, or any other data security measure. Grounding-Sheets further disclaims any liability for any liability and any damage caused to you or others by (a) your access or use of the Grounding-Sheets store not in accordance with our instructions; (b) any unauthorized access to servers, infrastructure, or data used in connection with the Grounding-Sheets store; (c) any bug, virus, or other harmful code that may be transmitted to or through the Grounding-Sheets store; (d) errors, inaccuracies, omissions, or losses in or to data provided to us; (e) third-party content provided by you; or (f) defamatory, offensive, or illegal behavior of others.

You agree to limit any additional liability not disclaimed or denied by Grounding-Sheets in respect to the Grounding-Sheets products to your direct and documented damages; and you further agree that in no event shall such liability exceed in the aggregate the higher of the amounts you have paid to Grounding-Sheets during the three-month period immediately preceding the event giving rise to your claim for damages, and 20 EUR.

These limitations of our liability to you shall apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes

a. Binding Arbitration: In the event of any dispute, claim, or controversy arising from or related to statutory or common law claims, breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy arising from these terms of use, but specifically excluding any dispute primarily related to either party’s intellectual property (such dispute shall be resolved by litigation before the court in Rodez, France), shall be determined by arbitration in Tallinn, Estonia before a single arbitrator.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at its corporate headquarters, its registered address, or its principal address (for individuals or sole proprietors). Nothing in these terms of use shall affect the right of any party to serve process in any other manner permitted by law.

c. Waiver of Class: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these terms of use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to a jury trial in any action, proceeding, or counterclaim arising out of or relating to these terms of use or any of the transactions contemplated between the parties.

d. Awarding of an Award: Subject to the limitations of liability identified in these terms of use, the designated arbitrators may award monetary damages and any other remedy allowed by the laws of France. In making a decision, the arbitrator shall not have the power to modify the terms or provisions of this agreement. The arbitrator shall deliver a reasoned written decision concerning the dispute (the „Award“) to each party, who shall promptly act in accordance with the Award. Any award (including provisional or final remedies) may be confirmed or enforced by any court of competent jurisdiction located in Tallinn, Estonia. The arbitrator’s decision shall be final and binding on the parties, and shall not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the fees for attendance of the court reporter at the arbitration hearing, and the fees of the arbitration center. In any arbitration arising out of or related to these terms of use, the arbitrators shall award to the prevailing party, if any, the reasonable attorney’s fees and expenses incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any awards of fees and attorney’s fees will be set off against each other.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing, and the Award, except (i) to the extent that it may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or the confirmation of an Award or its enforcement, (iii) our disclosure of the Award in the course of confidential settlement negotiations, or (iv) as required by applicable laws. The parties, witnesses, and the arbitrator will treat as confidential and will not disclose to any third party (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the event of any conflict between the provisions of this section 11 and the rules governing arbitration identified at section 11.a, the provisions of this section 11 shall prevail. If any provision of these Terms of Use to arbitrate is found to be invalid or unenforceable, it shall be so to the minimum extent required by law and all other provisions shall remain valid and enforceable.

12. Applicable law

By using the Grounding-Sheets store, you agree that the laws of France, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Grounding-Sheets.

13. Modification and severability

We have the right to modify or add to the terms of these terms of use at any time, only with prospective effect, and to modify, delete, discontinue, or impose conditions of use on the Grounding-Sheets store by posting such changes on our website or any other website that we maintain or own. You can access a copy of the current version of these terms of use on our website at any time. You can find out when these terms of use were last modified by checking the „Last updated“ date at the top of the page.

14. Contact us

Email: [email protected]
Live chat: Available at the bottom right of your screen
Contact form available here: https://Grounding-Sheets.com/pages/contact