Terms of Service
Terms of Service
These Terms of Service govern your use of the website located at https://www.spiralsun.eu and any related services provided by Spiral Sun.
By accessing https://www.spiralsun.eu, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Spiral Sun.
We, Spiral Sun, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on May 21, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or "mirror" the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Spiral Sun provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorised advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Spiral Sun and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Spiral Sun at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a licence from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.
Registration and Payments
In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorised access to your account, you need to notify us immediately. Spiral Sun is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.
When creating your account you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. We are not liable for failed delivery of goods that may arise from providing incorrect, incomplete, or missing information needed to finalise the order. Please note that any payments made on our platform will be processed by PayPal, Stripe, or Klarna. As such, we will not be responsible for processing or retaining any of your financial information. PayPal, Stripe, or Klarna will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.
Any payments made to us only cover the pricing of the goods as well as their shipment. As for any additional taxes and duties over which we have no control, the customer is responsible for complying with the laws applicable to the given country and will be liable for any such additional costs or taxes.
Duties and Taxes
Please note that all international parcels will need to go through customs before reaching the customer, who is responsible for paying the relevant customs duties. Spiral Sun does not partake in the customs process nor do we pay the customs duties on behalf of the customer. The amount of fees depends on the country of delivery, the customer is responsible for verifying said fees before placing an order. We are not liable for any packages that did not pass customs clearance due to the customer's refusal to pay the tax. Failing to pay for the additional costs or taxes within 7 days of the goods arriving at customs may result in the termination of the goods by customs, we are not liable for such an event.
Disclaimer and Limitations of Liability
The website and all materials on the Spiral Sun website are provided on an “as is” basis. To the fullest extent permissible by law, Spiral Sun expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Spiral Sun does not warrant the accuracy, completeness, or usefulness of the information available on its website. Any reliance you place on such information is strictly at your own risk.
Spiral Sun, its affiliates, and their respective officers, directors, employees, agents, suppliers, or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Specifically regarding our range of wellness products - including ice baths, red light therapy devices, beds, PMF mats, hydrogen water, and sauna blankets - Spiral Sun underscores the necessity of using these products in strict adherence to the guidelines provided. We assert no liability for any harm, loss, or damage arising from misuse or deviation from these guidelines. It is paramount that users follow instructions carefully to ensure safety and efficacy. Additionally, individuals with pre-existing health conditions, those who are pregnant, or under medical supervision are advised to consult with a healthcare professional prior to using our products. Spiral Sun will not be responsible for any adverse effects resulting from the use of our products under these circumstances.
This disclaimer constitutes an essential part of this agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Spiral Sun's liability will be limited to the greatest extent permitted by law.
Safe Use Instructions
The importance of following the provided instructions for safe product use cannot be overstated. Each product comes with comprehensive guidelines aimed at mitigating risks associated with misuse, such as physical injury or product malfunction. Users are responsible for familiarising themselves with these instructions to ensure both their safety and the product's effectiveness.
Compliance and Safety Standards
Spiral Sun assures compliance with the highest safety standards and regulations, reflecting our dedication to customer safety. This commitment is evidenced through obtaining necessary product certifications, including the CE marking, indicative of our products' adherence to EU safety, health, and environmental protection standards.
Product Liability Insurance
To further safeguard our customers and operations, Spiral Sun maintains product liability insurance. This covers damages and legal expenses from claims of bodily injury or property damage due to defective products. We have established a protocol for defect reporting, urging customers to contact our customer service immediately should any issues arise. This ensures prompt investigation and resolution, maintaining our high standards of customer satisfaction.
Accuracy of Materials
The information and materials provided on the Spiral Sun website serve as a general guide and introduction to our wellness products. While we strive to present accurate and up-to-date information, Spiral Sun cannot guarantee the completeness, accuracy, or currentness of the materials or information available on our website. This limitation also applies to materials or information found on external websites linked to or from our website.
Decisions based on information contained on the Spiral Sun website are the sole responsibility of the user. We recommend consulting professional advice or more comprehensive resources before making decisions related to wellness and health, especially when considering the use of our wellness products. The responsibility for the interpretation and use of any information provided on our website lies entirely with the user.
Spiral Sun reserves the right to modify, update, or remove content on the website at any time without prior notification. It is the user's responsibility to regularly review the website for such changes. Reliance on the website's materials is at the user's own risk, and Spiral Sun shall not be liable for any reliance on the updated or unchanged information.
Additional Tools
Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Spiral Sun has the right to offer new third-party tools in the future.
Links
Spiral Sun has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Spiral Sun of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
Dispute Resolution
For disputes arising under these Terms of Service, Spiral Sun first recommends resolution through our customer service team. If unresolved, disputes shall be escalated to arbitration or legal proceedings, which shall be conducted in the Netherlands, in accordance with Dutch law. Parties agree to the exclusive jurisdiction of the Dutch courts for such proceedings, ensuring a clear and efficient legal process.