Last updated: April 25, 2016
Thank you for shopping with us at the official Technogel online shop. This Site is a service of Technogel U.S., Inc. (the "Company", "Technogel", "we", "us" or "our"). We provide the Site to enable you to learn about, select and purchase Technogel Sleeping bed pillows (“Pillows”), and Technogel Living seating supports (“Seat Pads”), standing floor mats (“Mats”) and travel pillows (“Travel”) (collectively, the “Products”). The following terms and conditions (the “Terms”) govern usage of the Site, including the purchase of any Products (as defined below).
Please take a moment to review these Terms carefully. Your use of the Site represents your agreement to these terms and your agreement to follow and be bound by the guidelines or rules that apply to any portion of this Site, without limitation or qualification. Sales are conditioned upon acceptance of these terms and conditions without exception or variance.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive and accept binding legal notices and communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. Except to the extent expressly prohibited by applicable law, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you do not agree to these Terms, please exit the Site immediately and discontinue and refrain from any use of the information or products obtainable or accessible through the Site.
If you have any questions about the Terms, please contact us at email@example.com.
We will review these Terms from time to time for applicable compliance and accuracy. As such, we reserve the right to update and revise these Terms at any time without prior notice. You can determine if these Terms have been revised since your last visit to the Site by referring to the last revised date at the top of this page. Your continued use of our Site after any such amendment or revision constitutes your acceptance of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its conditions.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Technogel reserves the right at all times to disclose the contact, personal information and any other information of a user if it is necessary to satisfy any law, regulation or government request, to the fullest extent of applicable law.
If you follow a link to a third party website, we no longer control the use of any information you provide to such third party website. You should review the privacy policies of all websites carefully before engaging in any transactions or providing any information on such website(s).
All elements of content (the "Content") as well as the entirety of the Site as a collective of work and/or compilation featured at present or hereafter included thereon are the exclusive property of Technogel our licensors and are protected by United States' and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights.
Unless otherwise noted, the "Content" that is protected by aforementioned laws includes all images, illustrations, designs, icons, photographs, video and audio, written text, product specifications, data, code and other materials, which (together, with “Marks” (as defined below)) are owned or licensed by Technogel, our partners or affiliates.
Any unauthorized use of any Content, Marks, or materials on this Site is strictly prohibited and may be prosecuted to the fullest extent of copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes and/or any other applicable law.
To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Technogel, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without prior written consent and express authorization of Technogel. Removal or modification in any manner of any trademark notices from any content offered or received through the Site is strictly prohibited.
Technogel, Technogel Sleeping, VIVE, Technogel Living and Standing Mate are registered trademarks of Technogel GmBh.
Technogel grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents solely for your personal, noncommercial (other than for the purchase of merchandise from Technogel) purposes.
You may download, print, and store selected portions of the Content such that is reasonable and necessary for your personal understanding or communication of Technogel and its products. However, no right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Technogel reserves the complete title and full intellectual property rights in any Content you download from this Site.
Any other use of the Content is strictly prohibited including (a) reselling or making any commercial use of this Site or any of the contents of this Site; (b) copying, downloading, reproducing, imitating, publishing, performing or distributing any of the contents (including any Marks) via computer network, recording, photocopy or any other medium by any other means; (c) modifying, translating, transferring, reverse engineering, or creating derivative works, which includes exploiting or directly viewing the underlying code except as interpreted for display in a web browsers; (d) using any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Site or to collect any information from the Site or any other user of the Site.
If you know of, or suspect copyright or trademark infringement please send a notice to email@example.com
You represent and warrant that the information you provide to Technogel upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that a third party has accessed your account, you agree to immediately notify Technogel by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by Technogel and others due to any unauthorized use of your account.
Technogel establishes pricing and policies (collectively, "Terms of Sale") in order to facilitate and maintain online purchasing and home delivery of Products as well as related services necessary to operate this ecommerce shop. The Terms of Sale govern the placement of orders, payments and other purchase-related transactions available on this Site including, but not limited to, shipping and returns and product warranties that are in effect at the time of purchase. Sales are conditioned upon acceptance of Terms, including these Terms of Sale, without exception or variance. All orders are subject to Technogel's acceptance at our sole discretion.
U.S. Price Excludes Tax: TheThe price for Products available for purchase through the Site will be displayed to you on the Site in U.S. dollars, excluding taxes, unless otherwise noted. Any applicable taxes will be communicated to you before you place an order.
Additionally, please know for states where Technogel U.S., Inc has nexus, which are CA, CO, FL, MI, NC, NV, NY, OK, PA and TX, sales tax will be applied to the order total at checkout. For all other states where we do not have nexus you are liable to pay the tax on your tax return as a use tax.
All monetary transactions on the Site take place in U.S. dollars unless otherwise noted.
Warranties and Returns: Please refer to the Shipping/Returns and Product Warranties sections for more detailed explanation of respective policies. Your use of the Site, including the purchase of any Product, constitutes your acceptance of all aspects of the Terms of Sale, which is hereby incorporated into these Site Terms by reference.
THE EXPRESS WARRANTIES SET FORTH IN THE PRODUCT WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY TECHNOGEL. IN NO EVENT SHALL TECHNOGEL’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TECHNOGEL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
From time to time, Technogel may offer qualified consumers “promo codes” or “gift codes” through a variety of promotional activities and communications (collectively referred to herein as “promo codes”) that are redeemable towards a purchase on shop.TechnogelWorld.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Technogel in its sole discretion. Only valid promo codes provided or promoted by Technogel will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Technogel (including any unauthorized third party websites) will not be considered valid. Each promo code promoted by Technogel is non-transferable and valid for single use on an item (or items) of merchandise as determined by Technogel. Promo codes may not be combined and may not be used in conjunction with other discount or incentive programs-–customers are limited to the use of a single promo code per order--unless otherwise noted. Promo codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘promo code’ field at checkout. Promo codes are valid online only and cannot be redeemed in stores.
Technogel is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Promo codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promo code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each promo code. Promo codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promo code requirements will not be honored.
Spokespeople: From time to time, Technogel may also engage spokespeople, influencers, bloggers, or other individuals or entities who may be compensated or incentivized to speak on behalf of the brand. When you receive an promo code via a third party source, such as a television or radio show host, please be aware that such individuals may be compensated by Technogel for their statements.
Rights to Ideas are Transferred: We appreciate hearing from the Technogel community and welcome your comments regarding the Site and Products. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Feedback”), we will (a) own, exclusively, all now known or later discovered rights to the Feedback; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (c) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation, attribution, or accounting to you or any other person.
For this reason, we recommend you refrain from sending any confidential information or original creative materials such as stories, product ideas, computer code or original artwork that you do not want to become the exclusive property of Technogel; please only submit Feedback that you wish to assign to us.
Product Reviews are Not Private: We value your stories about your experiences with our Products and services, including our Site. From time to time, Technogel may encourage and allow you to post reviews, testimonials, comments, photos or similar materials on the Site (collectively, “Reviews”).
By posting a Review, you represent and warrant that the Review is original to you, that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived. Your submission is an indication that you acknowledge and agree its contents will not be confidential or secret, and may be used by us in any manner. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Sending a Review means you hereby grant Technogel a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt (in whole or part) and/or create derivative works from and otherwise use and exploit (collectively, “Use”) all Reviews, with or without your name, for any purpose throughout the world in our sole discretion. And you further grant Technogel a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site.
All testimonials found on this Site are for the exclusive use of Technogel and are not to be reproduced or copied in any way.
Indecent Content is Prohibited: You agree to refrain from submitting Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Technogel in its sole discretion; (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful spam or malicious code; (iii) or is otherwise unlawful or violating any rights of Technogel, users of this Site and any third-parties.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
This Site is provided by Technogel on an "as is", "as available" basis. Your use of the Site, its contents, and any services or products obtained through the Site is at your own risk and, except as otherwise expressly provided, Technogel makes no representations or warranties of any kind, express or implied, with respect to the Site and the information, content, services, or products available from this Site, or that the Site will be secure, accurate, reliable, error-free, uninterrupted, or free of viruses or other harmful components.
To the fullest extent permissible by applicable law and except as otherwise expressly provided, Technogel hereby disclaims all warranties of any kind, express or implied, with respect to the Site and the information, content, services, or products available from this Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Technogel also disclaims any warranty that (i) our Site will meet your requirements, (ii) our Site's operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Site will be prompt, accurate or reliable (and Technogel disclaims any liability for damages that may arise from your reliance on any such information or communication).
You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Site. Technogel shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.
Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Inaccuracy Disclaimer: We strive to publish information that is useful, correct and up-to-date. While we always try to ensure accuracy of the Site's content, from time to time there may be information on the Site that contains errors, omissions and/or obsolete details that may relate to colors, product descriptions, pricing, availability or other Content including but not limited to the Products and Company. Due to processing difference in equipment and calibration, actual product color may differ from product color as you see it on your computer. Technogel is not responsible for typographical or pictorial errors. Prices may change without notice. [Cosmetic changes may occur without notice and product images may not necessarily be up to date at all times.]
Technogel reserves the right to correct any mistakes, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice (including prior to fulfilling any order that you may have placed). Further, Technogel reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Technogel will promptly issue a credit to your credit card through the payment processor that charged your credit card.
User Disputes: We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Technogel of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Released Parties Defined: “Released Parties” include Technogel and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TECHNOGEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF TECHNOGEL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Technogel Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
These Terms and the relationship between you and Technogel will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and Technogel agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Allegheny Country, Pennsylvania. You covenant not to sue Technogel in any other forum.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND TECHNOGEL SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION XVI, YOU MUST NOTIFY TECHNOGEL IN WRITING WITHIN THE LATER TO OCCUR OF (A) RECEIPT OF PRODUCT FROM WHICH CLAIM ARISES OR (B) 15 DAYS FROM THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 401 WOOD STREET, 14th FLOOR, PITTSBURGH, PA 15222, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH TECHNOGEL THROUGH ARBITRATION.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
Technogel will not be liable or responsible to users nor deemed to be in default of our obligations for any failure or delay when and to the extent that performance or attempts to cure any breach were delayed or prevented by or result from acts beyond our reasonable control, including the following force majeure events: (a) acts of God; (b) acts of nature, including earthquakes and floods, extreme or catastrophic weather, fire, or natural disaster, (c) accident, (d) acts of government (including orders, laws and regulations) or governmental authority; (e) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (f) actions, embargoes or blockades in effect on or after the date of this Agreement; (g) national or regional emergency or government shutdown; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) failure of or interruptions in the internet or telecommunication systems; (j) interruptions in the federal banking system; or (k) any other cause beyond the reasonable control of such party (each, a “Force Majeure Event”). For the avoidance of doubt, failure or inability to pay money shall not constitute a Force Majeure Act.
These Terms constitute the entire agreement between the user and Technogel with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.