Terms & Conditions

Last Updated: Mar 22, 2024

Welcome to the online store of Sword Health SA ("Sword") located at https://shop.eu.swordhealth.com/ (the "Site"). Sword provides this Site as a service to our customers. Please read the following terms of service ("Terms") as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and such services and content are collectively called the "Services".

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. "Services" include the ability to make purchases of Sword products on this Site.

We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Consumer Information

Before you are bound by a contract or offer, we ensure transparency by providing the main characteristics of the goods, the total price inclusive of taxes, delivery costs (if applicable), and details about the right of withdrawal directly on the product page or at checkout.

Payments

When you make a purchase through our Services, you authorize us or our third-party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

Invoice

If you require an invoice, please send us an email at support@shop.eu.swordhealth.com with the subject line “Invoice Request.” In the body of the email, please include your full name or company name, your billing address, your contact information including phone number and email, and your VAT number.

Tax

We comply with all applicable laws and regulations related to online sales, including the collection and remittance of any applicable taxes. The prices displayed on our website include any applicable taxes.

Right of Withdraw

When required by applicable laws, you have the right to withdraw from your purchase without giving any reason within 14 days from the day you, or a third party indicated by you, received the goods. To exercise this right, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).

Returns

When required by applicable laws, you may return your product(s) within 14 days of purchase if your product is defective, not as described, or the wrong size. To initiate a return, you must reach out to us by email at support@shop.eu.swordhealth.com and describe your reason for return. Upon receipt of your return, we will promptly either send you a replacement product or issue you a credit to be used for the purchase of another product. Other than the return requirements required by applicable laws, all purchases are final.

Customer Satisfaction

Our products are sold online in limited availability and quantity. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape, and look may occur.

Age Verification

To use our Services or make purchases through our Site, you must confirm that you are at least the age of digital consent in your country. We may require you to provide proof of age to verify your eligibility. If you are below the age of digital consent in your jurisdiction (under 16 in most EU countries), you must have your parent or guardian’s consent to use our Services. They must read and agree to these Terms on your behalf.

Acceptance of Offers

From time to time, there may be offers that we are unable to fulfill. Sword reserves the right to refuse or cancel any order for any reason. Some situations that may result in your offer being canceled include, but are not limited to: limitations on quantities available for purchase, inaccuracies or errors in product, our obligations to comply with applicable law or regulations, or problems identified by us with respect to credit and fraud avoidance. We may also require from you additional verification(s) or information before processing any offer.

Content

All content on this Site is the exclusive property of Sword, including any and all: text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States, European and international intellectual property laws, and we reserve all rights in and to such content. Sword, the Sword Logo, and other trademarks used on this Site are trademarks owned exclusively by Sword and may not be used without written permission.

Use of the Services

By using our Services, you agree that you won’t do any of the following things:

• Use, display, mirror, or frame the Services, or any individual element within the Services, Sword’s name, any Sword trademark, logo, or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent;
• Attempt to access or search the Services or content, or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sword or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to interfere in any way with the Services or the networks or network security hosting the Services, or attempt to use the Services to gain unauthorized access to any other computer system;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other third party or individual to do anything listed above.

Although we’re not obligated to monitor access to or use of the Services or content or to review or edit any content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Feedback

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Correction of Site Errors

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Indemnity

To the extent possible under applicable law, you agree to indemnify and hold Sword (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or your use of the Services (including negligent or wrongful conduct).

Third Party Links

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

Data Privacy and Collection

We are committed to protecting your privacy and handling your personal data transparently and securely, in accordance with the General Data Protection Regulation (GDPR). Our Privacy Policy details how we collect, use, store, and protect your personal information, and it explains your rights regarding your personal data, including the right to access, correct, delete, or restrict the processing of your data. For more information, please visit our Privacy Policy.

Cookie Policy

Our website uses cookies to enhance your browsing experience, analyze site traffic, and personalize content. By using our Site, you consent to the use of cookies in accordance with our Cookie Policy. For more information on the types of cookies we use and how you can manage your cookie preferences, please visit our Cookie Policy.

Disclaimer of warranty

All content, products, and services on the site are provided to you "as is" without any guarantees or warranty. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Limitation of liability

Neither Sword nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sword has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will Sword’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Sword for use of the Services or content, or one hundred dollars ($100), if you have not had any payment obligations to Sword, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Sword and you.

Governing Law

These Terms are intended to be governed by and construed in accordance with the laws of Portugal without regard to its conflict of law provisions. Nothing in these Terms shall deprive you of the protection afforded to you by the mandatory consumer protection provisions of the law of the country in which you reside.

Dispute Resolution

We aim to resolve any disputes amicably. If you have a complaint that was not resolved to your satisfaction, you may have the right to use Alternative Dispute Resolution services. Additionally, the European Commission provides an Online Dispute Resolution platform for EU consumers, which can be accessed at http://ec.europa.eu/odr. We are ready to participate in extra-judicial dispute resolution through this platform.

Nothing in this dispute resolution clause will preclude either party from seeking injunctive relief in the case of intellectual property infringements, data breaches, or other security issues without the necessity of posting a bond. This dispute resolution clause shall survive the termination of these Terms and your use of the Services.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Sword and you regarding the Services and content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sword and you regarding the Services and content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Sword’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sword may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications provided by Sword under these Terms, including those regarding modifications to these Terms, will be given via email and/or posted to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Sword’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sword. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions

We strive to present these Terms and all related information in clear and straightforward language. If you have any questions about these Terms or the Services, please contact us at support@shop.eu.swordhealth.com.