Terms and Conditions

LITGARD GmbH

Effective February 25th, 2021

INTRODUCTION

Welcome to LITGARD’s online store. When you purchase products from our online store, you accept and agree to be bound by these terms and conditions (“Terms and Conditions”) and any other terms we may supply, including but not limited to our Terms of Service (below) and our Privacy Policy. You are also representing and warranting that you are of sufficient legal age in your jurisdictions or place of residence to purchase and use our products. 

Please read these terms carefully as they contain important information regarding your legal rights, remedies and obligations.

These Terms and Conditions (“Terms”) are a legally binding agreement between you and LITGARD GmbH and its affiliates (collectively, “Company,” “we,” “us,” or “our”). These Terms govern your purchase of products or services (“Products”) through our websites located at litgard.com, any of our other websites, their respective subdomains, and any of our applications containing a link to these Terms (collectively, our “Sites”). As used herein, “purchase” means purchasing, ordering, pre-ordering, or the like. By purchasing Products through our Sites, you are stating that you have read and understand, and agree to be bound by, these Terms (whether or not you confirm your agreement, such as by clicking “I agree”).

If you do not agree to these Terms, you are not permitted to purchase LITGARD’S Products through our Sites.

Modifications

We may update or change any of the terms and conditions contained in these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will endeavour to notify you, such as by sending an email to the email address associated with Your Account, posting a notice on our Sites, or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and any purchase you make through our Sites will confirm your acceptance of the amended Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our Sites. If any modification is unacceptable to you, you must not make purchases through our Sites. Your purchase of Products following our posting or emailing of a change notice or revised Terms as provided in this section will constitute your binding acceptance of the changes.

WHAT IS LITGARD?

LITGARD is a limited liability commerce company, active in the domain of developing, manufacturing and trading in sports equipment and accessories, in particular in the areas helmets and bicycles.

PRE-ORDERS

You will be charged at the time you place your pre-order. If LITGARD is unable to commence shipping of the Product on or before the eighteen month anniversary of your pre-order for our product, LITGARD shall process a refund to you. All pre-orders are handled by a third party payment processing partner. When you place a pre-order, you are expressly agreeing to these Terms and Conditions as well as our Privacy Policy. Please remember, the pre-order price does not include duties, taxes and other governmental charges. You are solely responsible for those other charges.

PAYMENT

By providing a payment card, you represent and warrant that you are authorised to use the payment card and that you authorise our third party payment processors to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply to us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed. It is your responsibility to resolve any payment problems LITGARD encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by emailing us at info@LITGARD.com

AVAILABILITY, PRICING AND PROMOTIONS

All Products offered on LITGARD’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.

All offers are subject to availability. Not valid on prior purchases, taxes or shipping and processing charges. Offers cannot be combined with any other sale, promotion, discount, code, coupon and/or offer. If for discount codes no expiry date is mentioned, the promotion will end 6 months after it has been published or provided.

Offers cannot be exchanged for cash in part or full. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. LITGARD has the right to end or modify any promotion at any time. Other restrictions may apply.

DELIVERY TIMES

LITGARD is committed to providing up-to-date and precise information on availability and delivery times in its online shop or in its pre-selling/crowdfunding campaigns. However, production and delivery shortages in particular may cause delivery delays for producers, merchants and other partners of LITGARD as well as for LITGARD itself. Therefore, all information on availability and delivery times is subject to change.

SHIPPING

Prices for the products offered for sale in our online store may not include shipping costs. Our delivery charges and methods are as described in our Shipping Policy. Title for products purchased from our online store passes to the purchaser at the time of delivery by LITGARD to the freight carrier, but LITGARD and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.

The Products available on the Store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.

RETURNS

If you want to return or exchange anything you bought from us, NO PROBLEM! You have 15 days from the date of receipt of the product, to make sure what you ordered from LITGARD is right for you. 

Any product you return needs to be in its original condition and with the original tags or packaging. You are fully responsible for return shipping and any damage that might occur on the way back. Pack it with care like we do. LITGARD reserves the right, at our sole discretion, to determine whether a returned product is in new condition.

For more details on the exact terms and procedure around returns, please consult our Return Policy.

LIMITED WARRANTY

LITGARD warrants to all its customers that its products are free of defects resulting from manufacturing or material flaws for a period of one (1) year from the date of purchase unless otherwise specified on the product. If your product is defective at the time of delivery and it was purchased on our website, please contact us immediately. LITGARD will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and LITGARD specifically disclaims all claims for consequential and incidental damages.

Your use of our products is at your own discretion and risk. You will be solely responsible for (and LITGARD disclaims) any and all loss, liability or damages resulting from your use of our products, including loss of life, personal injury, or the loss of or damage to all other property. LITGARD does not guarantee or promise any specific level of performance or battery life associated with the use of its products or any feature of them.

For further information on warranty, please consult our Warranty Information.

DATA COLLECTION

By placing an order for or sharing your contact details expressing your interest in LITGARD’s products, you agree and understand that LITGARD may store, share, process and use data collected from your order form or your email address for the purposes of processing the order and/or carrying out a specified and disclosed marketing activity (e.g. handing out a discount voucher or promoting a crowdfunding campaign). LITGARD will protect your information in accordance with our Privacy Policy. LITGARD works with other companies that help it provide our products to you, such as freight carriers and credit card processing companies, and you hereby acknowledge that LITGARD may have to share certain information with these companies for this purpose.

LIMITATIONS

Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.

To the maximum extent permitted by applicable law, in addition to other warranty disclaimers, in no event will (a) LITGARD be liable for any indirect, consequential, exemplary, special, or incidental damages, including any damages for lost data or profits, arising from or relating to the products, even if LITGARD knew or should have known of the possibility of such damages and (b) LITGARD’s total cumulative liability arising from or related to the products, whether in contract or tort or otherwise, exceed the amount actually paid by you to LITGARD for the product at issue in the prior six (6) months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim. LITGARD disclaims all liability of any kind of LITGARD’s licensors and suppliers.

DISPUTES 

Any dispute relating in any way to your use of the products or these Terms and Conditions, as well as for any claims resulting from contract in which one party is LITGARD the place of jurisdiction that applies is Zurich or, where applicable, the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Zurich.

In cases in which a party has in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or court having jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of LITGARD’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.

CHOICE OF LAW

All matters and legal relations relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance to substantive Swiss law.

FORCE MAJEURE

You agree that LITGARD is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

SEVERABILITY

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, LITGARD shall have the sole right to elect which provision remains in force.

NON-WAIVER

We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

ASSIGNMENT

You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.

USER OBLIGATIONS

Terminating your account. You may submit a request to terminate your account by contacting us here. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.

You must be 18 years old. You must be 18 years or older to sign up for an account and use Our Services. Outside of the European Economic Area (“EEA”), minors between the age of 13 and 18 years are only permitted to use Our Services through an account owned by a parent or legal guardian where the parent has provided affirmative consent and under their direct supervision. Children under 16 residing in the EEA are not permitted to access the Site or use the Services . You are responsible for any and all account activity conducted by a minor on your account.

Respect the property of others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.

Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorised access to any system, data, passwords, or other LITGARD or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.

COPYRIGHTS NOTICE

Copyrights and all other rights to these Terms, are reserved by LITGARD GmbH. Unless with a written permission from LITGARD GmbH. all reproduction, distribution or any other use of these Terms is prohibited. In case of breach of this notice, LITGARD GmbH reserves the right to take legal action.