Terms and conditions

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lean AS (“we,” “us” or “our”), concerning your access to and use of the mariboine.no website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

 You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

 We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. 

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site , you represent and warrant that: 

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity and you agree to comply with these Terms of Use
• you are not under the age of 13
• you are not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site
• you will not access the Site through automated or non-human means, whether through a bot, script or otherwise
• you will not use the Site for any illegal or unauthorized purpose
• your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

PRODUCTS

[We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. 

All products are subject to availability[, and we cannot guarantee that items will be in stock]. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

PURCHASES AND PAYMENT

We accept the following forms of payment: Paypal, credit card, Vipps and Klarna. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in euro.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

 [If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.] We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

[RETURN/REFUNDS] POLICY

Unless the agreement is exempt from the right of cancellation, the buyer may regret the purchase of the goods in accordance with the right of cancellation.

The buyer must notify the seller of the right of withdrawal within 14 days from the day after the item (s) is received. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or public holiday, the deadline is extended to the nearest working day.

The withdrawal period is considered to be complied with if a message is sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been invoked, and the notification should therefore be made in writing (withdrawal form, e-mail or letter).

The period of regret begins to run:

When purchasing individual items, the withdrawal period will run from the day after the item (s) is received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline starts from the day after the first shipment is received.
If the purchase consists of several deliveries, the withdrawal period will run from the day after the last delivery is received.

When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal. The buyer will cover the direct costs of returning the goods, unless otherwise agreed or the seller has failed to state that the buyer will cover the return costs. The seller cannot set a fee for the buyer’s use of the right of withdrawal.

The buyer can try or test the item in a proper way to determine the nature, characteristics and function of the item, without the right of withdrawal. If testing or testing of the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the item.

The seller is obliged to repay the purchase price to the buyer without undue delay, and within 14 days from the seller was notified of the buyer’s decision to exercise the right of withdrawal. The seller is entitled to withhold payment until he has received the goods from the buyer, or until the buyer has provided documentation that the goods have been returned.

For Norwegian customers only:

The withdrawal period is extended to 12 months after the expiry of the original deadline, if the seller does not state, before the conclusion of the agreement, that there is a right of withdrawal and a standardized withdrawal form. The same applies if there is a lack of information on terms, deadlines and procedures for using the right of withdrawal. However, if the trader provides the information during these 12 months, the withdrawal period will expire 14 days after the date the buyer received the information.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• use a buying agent or purchasing agent to make purchases on the Site.
• use the Site to advertise or offer to sell goods and services.
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• engage in unauthorized framing of or linking to the Site.
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct.
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• attempt to impersonate another user or person or use the username of another user.
• sell or otherwise transfer your profile.
• use any information obtained from the Site in order to harass, abuse, or harm another person.
• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• delete the copyright or other proprietary rights notice from any Content.
• copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 

• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• your Contributions are not false, inaccurate, or misleading.
• your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• your Contributions do not violate any applicable law, regulation, or rule.
• your Contributions do not violate the privacy or publicity rights of any third party.
• your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

 You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

 We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

•  you should have firsthand experience with the person/entity being reviewed
• your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
• your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
• your reviews should not contain references to illegal activity
• you should not be affiliated with competitors if posting negative reviews
• you should not make any conclusions as to the legality of conduct
• you may not post any false or misleading statements
• you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

DELAY AND FAILURE TO DELIVER – BUYERS’ RIGHTS AND DEADLINE FOR REPORTING CLAIMS

If the seller does not deliver the goods or delivers it too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the part of the buyer, the buyer can withhold the purchase price in accordance with the rules in Chapter 5 of the Consumer Purchase Act, demand fulfillment, cancel the agreement and / or claim compensation from the seller.

In the event of a claim for breach of authority, the statement of evidence should be in writing (for example, e-mail).

Fulfillment

The buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer cannot claim fulfillment if there is an obstacle that the seller cannot overcome, or if fulfillment will cause such a great disadvantage or cost to the seller that there is a significant disproportion to the buyer’s interest in meeting the seller. Should the difficulties fall away within a reasonable time, the buyer may still require fulfillment.

The buyer loses his right to demand fulfillment if he or she waits unreasonably long to advance the claim.

Cancel

If the seller fails to deliver the goods at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller fails to deliver the goods within the additional deadline, the buyer may cancel the purchase.

However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was crucial for the conclusion of the agreement, or if the buyer has informed the seller that the delivery time is crucial.

If the item is delivered after the additional deadline the consumer has set or after the delivery date which was decisive for the conclusion of the agreement, a claim for cancellation must be made within a reasonable time after the buyer was informed of the delivery.

Replacement

The buyer may claim compensation for some loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller’s control which could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences.