TERMS AND PRIVACY

Ennisance.com site is operated by Ennisance AB, a company registered in Eskilstuna, Sweden with company number 559291-5838 and VAT number SE559291583801 and whose registered office is located at Scheelegatan 10, 11228 Stockholm, Sweden.

These terms of use (together with the documents referred to in it) tells you the terms on which you may make use of the Sites, whether as a guest or a registered user. Use of our Sites includes accessing, browsing, or registering to use our Sites.

Please read these terms of use carefully before you start to use our Sites, as these will apply to your use of our Sites. We recommend that you print a copy of this for future reference.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube (Third Party Sites). We do not control these Third Party Sites and these terms of use do not apply to companies that Ennisance does not own or control, or to the actions of people that Ennisance does not employ or manage. You should always check the terms of use posted on Third Party Sites.

By using our Sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Sites.

Ownership of rights

All rights, including copyright, and moral rights, in this Site are owned by or licensed to Ennisance. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.

Accuracy of content

The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Ennisance disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website or in any linked websites.

Damage to your computer

Ennisance makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Ennisance will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.

The provisions of this clause 5 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the Ennisance EU Terms and Conditions for Online Product Sales).

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Swedish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our Site; or
· use of or reliance on any content displayed on our Site.

If you are a business user, please note that in particular, we will not be liable for:

· loss of profits, sales, business, or revenue; business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

· In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

· Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of use. Not to access without authority, interfere with, damage or disrupt: any part of our Site; any equipment or network on which our Site is stored; any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Submission of information

Ennisance welcomes your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us (‘information’) will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant Ennisance a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Ennisance as to the origin of the information submitted and you agree to indemnify Ennisance and hold Ennisance harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.

Intellectual property

The trade marks, logos and service marks, and designs (“Intellectual Property”) displayed on our Site are the registered and unregistered marks or designs of Ennisance, our affiliates, our licensors and/or our suppliers held, inter alia, in the EU, UK, USA, China, Japan, Hong Kong, Korea, and other countries and are protected by Swedish and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.

User generated material

By submitting ideas, designs, customizations, creative concepts, or any other information (“User Generated Material”) to this Site (or to our accounts on any Third Party Sites), you understand that this may sometimes qualify as giving rise to ownership of intellectual property rights. You accept and agree that you assign all ownership of any potential intellectual property rights and other rights in the User Generated Material to Ennisance. To the extent such transfer is not valid, you grant Ennisance, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. Ennisance shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Ennisance or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Ennisance or any part of its group.