These terms and conditions of sale("Terms") govern the purchase of any products ("Products")from BagID AS (“BagID” or "we") unless where there is a separateexecuted written agreement with customer ("Customer" or"you") that specifically supersedes the Terms.
Customers that want to purchase Productsmay do so by clicking on the "order now" (or similar) button on thebagID website and follow the instructions. Once an order is placed bagID willconfirm it by sending an order confirmation ("Order Confirmation") toCustomer's email address. BagID is not bound to sell any Product until an OrderConfirmation has issued and payment has been processed. The Order Confirmationwill contain information regarding the ordered quantity, their price, and theestimated shipment date.
Our acceptance of your order is expresslyconditioned upon your unconditional acceptance of these Terms. We do not acceptany changes to or rejections of the Terms that you communicate to us in anyform, any attempts to change or reject the Terms will be null and of no effect.
You may cancel the pre-order until youreceive notification of shipment from BagID. BagID will notify you at least 14days prior to the shipment date. We will strive to reimburse your completepayment for the pre-order within six (6) weeks after your cancellation.
BagID AS may cancel your order before theshipment date at BagID's own discretion. BagID will reimburse all your paymentsin the event of such cancellation.
BagID strives to provide a complete andaccurate description of the products offered. Nevertheless, BagID cannotguarantee a complete resemblance between the illustration material, such aspictures, videos and written descriptions, and the actual products.
BagID also reserves the right to change andmodify the product specifications, such as storage capacity, battery capacity,weight, material selection, form, color and other physical dimensions and technicalspecifications in the period up to the shipping date. An updated and final productspecification will be available at least fourteen (14) days prior to theshipping date.
BagID warrants you a product without defects in conformance with BagID's strict quality policy for a period of one(1) year after you receive the products (the "Warranty Period"), or for the period prescribed by mandatory law in your country, whichever is longer.
You are responsible for inspecting the products upon delivery. If the products are defective or nonconforming, you shall notify BagID without undue delay. When filing a complaint, please indicate the transaction number ("transaction number") of your pre-order found on the pre-order confirmation email received at time of ordering, contact information (name and address) and reason for return.
Proper use of the product is described in the warranty disclosed with the product. BagID disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of BagID's intellectual property rights in accordance with section 10.
In the event of a return or repair in accordance with these Terms, the product will be repaired or replaced by BagID and according to our designated return process. All costs, including shipment costs, are covered by BagID if the process is followed correctly. Otherwise theCostumer is responsible for all costs, and a additional fee may be included. To initiate such a process, you must contact BagID customer support at firstname.lastname@example.org instructions.
Customer is responsible for all freight,packing, insurance and shipping-related costs that are noted or referenced onCustomer's screen before a purchase is made. Once the Product is sent to thecarrier, ownership of the Product and the risk of that Product's loss passes toCustomer. BagID may provide a single or multiple shipping methods and carriersfor Product delivery at its discretion.
Customer understands that all estimated andscheduled shipment dates are estimates only. BagID will make reasonable effortsto meet the scheduled shipment dates, but in no event will we be liable for anyloss, damage, or penalty resulting from any delay in shipment or delivery, norwill the carrier be deemed our agent. If Customer purchases multiple Products,we may fulfill the order in installments and charge Customer separately foreach installment. We have the right to allocate our available inventory of theProducts among other purchasers in such manner as we see fit. If we're not ableto charge your chosen payment method or you otherwise fail to pay for yourpurchase, we have the right to delay or suspend shipment of Products.
The bagID is connected to a software and a mobile application. A standard subscription is provided free of charge upon the purchase of the bagID. BagID may in the future offer an upgraded premium subscription including one or many of the features available in the software and mobile application. BagID may also in the future put a fee on single use of features available in the software and mobile application. Premium subscription is subject to a rolling subscription fee in addition to the price paid for bagID. BagID reserves the right to change the subscription fees or applicable charges and to institute new charges and fees, upon thirty (30) days prior notice to the Customer (which may be sent by email). The Customer’s continued use of the premium subscription after the end of the notice period of the changed subscription fee or charges or new charges or fees constitutesCustomer’s consent to the new fees or the changed subscription fee or charges or new charges or fees.
When customer registers for a paid premium subscription, customer expressly acknowledges and agrees that (A) BagID (or our third party payment processor) is authorized to charge customer at the beginning of every month or other periodic basis (as selected by customer via the BagID website) for customer’s subscription (in addition to any applicable taxes and other charges) for as long as customer’s subscription continues, and(B) customer’s subscription in continuous until customer cancels it or BagID suspends or stops providing access in accordance with this agreement.
The prices for the Products will be as specified during the online order process and the order confirmation you will receive.Prices are in NOK with separate subtotal for all applicable sales taxes that you agree to pay by ordering the Product. Customer is responsible also for any other taxes applicable to the purchase, including import taxes and fees in the country where Customer asks BagID to ship the Products.
You agree to comply with all applicable local, state and national laws in connection with your use of the Product. You understand and agree that the Product is not made or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product or its use might result in or cause death, personal injury, collision, or significant environmental damages("High-Risk Activities"). You agree to use precautions when using your Product.
BagID accepts no risk, obligation or liability whatsoever to you or any third party for any of the following("Disclaimed Activities") performed or caused, by act or omission, by you or a third party with access to your Product:
- use of the Product contrary to BagID's published information, specifications and instructions, including, but not limited to, storage requirements and environmental conditions or ranges for temperature or humidity, leaving the Product in direct sunlight for long periods, use of the Product for High-Risk Activities, use of the Product in combination with any third party device not provided or recommended by BagID, and affixing anything to the Product;
- repairs, modifications, adjustments or repairs to the Product made by a party not authorized by BagID;
- damage from any external cause, including, but not limited to, sand, dirt, improper usage of any electrical source, battery leakage, or local power surges;
- any damage to property or persons caused by your Product that is not caused by material defect for which BagID is held responsible, including your failure to properly operate or understand the functionalities of the Product;
- improper use such as allowing the Product to land on unstable surfaces or dangerous terrain, using theProduct in inclement weather or low light, failure to maintain line-of-sight with the Product when using it, attempting to charge the Product with chargers not provided by BagID;
- failure to determine the suitability of the Product for your intended use;
- failing to make sure that any other person who uses the Product also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with theProduct or made available on our website;
- any continued use of theProduct after you detect any material defect, including erratic responses to user input;
- any other use of the Product that must reasonably be considered improper.
All remedies are strictly subject to our warranty program. Except for remedies provided pursue and to our warrranty program, the products are provided on an "as is" basis and without any warranties, express or implied, including without limitation the warranty for specific purpose. Your use of the products is at your own risk, and in no event will bagID be liable for any punitive, exemplary, special, consequential or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation or performance of the products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence),product liability or otherwise, whether or not bagID has been advised of the possibility of such loss or damage. You and bagID have agreed that these limitations will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. In no event will bagID's liability to you arising out of, relating to, or in connection with these terms, from all causes of action and under all theories of liability, exceed the actual amount paid to bagID by you for the product that gives rise to the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold bagID, its affiliates, officers, employees, agents, consultants and advisors, harmless from any and all claims, including but not limited damages, legal fees, cost and expenses, from third parties arising in connection with the pre-order.
BagID has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks.
Any software installed in the Products (the"Software") is licensed and not sold to BagID's customers. You may only use this software for its normal, intended use with the Products and inline with these Terms. When we say "sell" and "purchase" in these Terms, we mean "sell" and "purchase" only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder.
Subject to your compliance with theseTerms, BagID grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software as part of your use of theProduct for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on theSoftware; (ii) distribute, transfer, sublicense, lease, lend or rent theSoftware to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. BagID reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by Norway and international copyright law and treaties.
These Terms and any action related there to will be governed by the laws of Norway without regard to its conflict of laws provisions.
For any dispute, claim or controversy with BagID arising out of or relating to these Terms or the use of the Product(collectively, "Dispute"), you agree to first contact us and attempt to resolve the Dispute with us informally. In the unlikely event that BagID has not been able to resolve a Dispute with you after thirty (30) days, you and BagID agree that it shall be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and(ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"); and (iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing BagID with written notice of your desire to do so by email or regular mail within thirty days following the date you first accept these Terms (such notice, an"Arbitration Opt-out Notice"). If you don't provide BagID with anArbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate anyDispute except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide BagID with an Arbitration Opt-out Notice, will be exclusively in the state and federal courts located in Norway and each of the parties hereto waives any objection to the exclusive jurisdiction and venue in such courts. Unless you timely provide BagID with an Arbitration Opt-out Notice, you acknowledge and agree that you and BagID are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BagID otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by theNorwegian Arbitration Association ("NAA") in accordance with theCommercial Arbitration Rules and the Supplementary Procedures for ConsumerRelated Disputes (the "NAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
If BagID changes this "DisputeResolution" section after the date on which you placed your order for aProduct, you may reject any such change by sending us written notice within 30days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BagID in FST accordance with the provisions of this Dispute resolution section as of the date you first accepted these Terms (or accepted any subsequent changes to theseTerms).
These Terms constitute the entire and exclusive understanding and agreement between you and BagID regarding the purchase of a Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us regarding such a purchase.
If for any reason a court of competent jurisdiction finds any provision of these Terms 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 our prior written consent which consent may be withheld in our sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to our website.For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
BagID'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 BagID. 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 remedie sunder these Terms or otherwise.