1.1. These general terms- and conditions of sale and delivery (“Terms”) apply to all
purchases of physical products (“Products”) provided by ATHLEE ApS, CVR no.
40360077 (”ATHLEE”), to merchants or consumers (“Customer”).
1.2. The Terms do not affect statutory and preceptive consumers' rights, which
cannot be deviated from according to law.
2.1. Unless otherwise agreed, the Products will be delivered at the Customer’s
expense.
2.2. The Products will be delivered as soon as possible after the Customer has
finalized an order.
2.3. Delivery will take place once the Products have been handed over to a third-party
carrier, after which the risk of the Products passes to the Customer.
3.1. The Products are sold fit for the ordinary use and in accordance with the
specifications found at [www.athlee.com/manual.pdf]
(http://www.athlee.com/manual.pdf).
3.2. The Customer recognizes that the Products must be handled with due care,
considering that they consist of technical components, which are fragile by
nature.
3.3. The Customer is solely responsible for setting up the Products and for taking the
necessary precautions to ensure that they are safely installed and used. ATHLEE
assumes no liability for physical damage to persons or property (including the
Products itself) due to the Customer’s use of the Products.
4.1. Unless otherwise agreed, ATHLEE shall be entitled to charge the Customer after
the Customer has finalized an order.
5.1. In the event of delay, ATHLEE will take necessary measures to deliver the
Products in a timely manner. If ATHLEE has provided the Customer with a
specific delivery date and the Products are delayed by more than ninety (90) days
from the specific delivery date, then the Customer shall be entitled to cancel the
order and – in case payment has taken place – be entitled to repayment of all fees
relating to the Products. Such a claim for repayment shall be the Customer’s sole
remedy for delays.
6.1. ATHLEE warrants (“limited warranty”) that the ATHLEE product is free of defects
in materials and workmanship at the time of the original purchase by the end-user
(the “customer” or “you”). This limited warranty covers the functionality of the
ATHLEE product for its normal, intended use in an environment as specified
below only. It does not cover malfunctions that result from improper or
unreasonable use or maintenance as specified in 3.1, as well as any unauthorized
repair, normal wear and tear, or external causes such as accidents, abuse, or other
actions or events beyond our reasonable control.
6.2. This limited warranty gives you specific legal rights, and you may also have other
legal rights, which vary from state to state. We limit the duration and remedies of
all implied warranties, including, without limitation, the warranties of
merchantability and fitness for a particular purpose, to the duration of this
express limited warranty. Some U.S. States do not allow limitations on how long
an implied warranty lasts, so the above limitation may not apply to you.
6.3. This Limited Warranty is issued to the Customer who buys a new ATHLEE
product directly from ATHLEE. This Limited Warranty cannot be assigned or
transferred to any subsequent purchaser or user.
6.4. The Limited Warranty is limited to the repair or replacement of the ATHLEE
product at ATHLEE’s discretion, and neither the costs for transportation, removal,
nor installation of an ATHLEE product are covered by this Limited Warranty.
6.5. If ATHLEE receives, during the applicable warranty period, a valid notice of a
defect, ATHLEE will, at ATHLEE’S option, within a reasonable time after being
notified of the defect:
6.5.1. - repair the defect at no charge, using new or refurbished replacement
parts, or
6.5.2. - replace the product.
6.6. Response time may vary from country to country and is, among other things,
subject to the availability of parts, labor, and transport.
6.7. This Limited Warranty extends to ONE (1) YEAR from the Customer’s original
purchase of the ATHLEE product or, if the Customer has purchased an Extended
Warranty from ATHLEE covering TWO (2) or THREE (3) Years.
7.1. All returns must be made in the original, unbroken, and undamaged packaging.
Returns can be made up until thirty (30) days after delivery of the Product.
7.2. Shipping costs associated with returning the delivery to ATHLEE will be refunded
to the Customer if the return results from defects in the Products.
8.1. ATHLEE shall only be liable for product liability in accordance with the normal
requirements under the Product Liability Act.
8.2. If a third-party claims product liability involving the Products against only the
Customer, the Customer shall immediately notify ATHLEE of the claim.
9.1. Except for any remedies that cannot be excluded or limited under law, ATHLEE
will not be liable to you for any loss, damages, claims, or costs whatsoever
including any consequential, indirect or incidental damages, any lost profits or lost
savings, any damages resulting from business interruption, personal injury or
failure to meet any duty of care, or claims by a third party, even if a ATHLEE
representative has been advised of the possibility of such loss, damages, claims,
or costs. In any event, ATHLEE’s aggregate liability in connection with this license
will be limited to the amount paid for the ATHLEE software and hardware. This
limitation will apply even in the event of a fundamental or material breach or a
breach of the fundamental or material terms of these license terms or the order
confirmation. Nothing contained in these terms limits ATHLEE’s liability to you in
the event of death or personal injury resulting from ATHLEE’s negligence or
fraud.
9.2. The foregoing limitations and exclusions apply to the extent permitted by
applicable law in your jurisdiction. This limitation of liability may not be valid in
some jurisdictions. You may have rights that cannot be waived under consumer
protection and other laws. ATHLEE does not seek to limit its warranty or
remedies to any extent not permitted by law.
10.1. These Terms shall be governed by and interpreted in accordance with the laws of
Denmark without regard to international private law regulations or principles of
Danish law leading to the application of other laws than substantive Danish law.
Any dispute arising from or related to these Terms shall exclusively be settled by
the courts in Denmark, with the District Court of Copenhagen as the venue.
11.1. The Athlee camera and any other compatible peripherals require an active
Software Subscription (the “Subscription”). The hardware cannot be used without
an active subscription.
12.1. The Subscription is licensed per Customer organization and covers all of the
Customer’s subteams under that organization.
13.1. The purchase of Athlee hardware includes an initial Subscription term of twelve
(12) months, which is activated upon delivery of the hardware.
14.1. The Subscription period begins on the first (1st) day of the month following
delivery and includes one additional month free of charge.
15.1. The Subscription is billed annually in advance. Prices may be stated as monthly
rates for convenience, but they are invoiced and payable for twelve (12) months at
a time. Athlee issues a renewal invoice approximately one (1) month before the
next term. Access continues only once payment is received and a renewed
license key is issued.
16.1. If payment is not received by the renewal date, the Subscription lapses, and
access to the software ceases. The Athlee camera and other compatible
peripherals cannot be used until the Subscription is reactivated. No reactivation
or late fees apply.
17.1. The Subscription may be transferred to a new owner upon written notice to
Athlee. Remaining term transfers with the Subscription. The transferee must
accept the then-current Terms. The existing license key remains valid and may be
used by the transferee following the transfer.
18.1. The Subscription grants access to Athlee’s software platform, which enables live
video feedback and integration with compatible devices. Athlee may add, modify,
or remove integrations or features over time. Athlee will maintain the list of
currently supported devices and features from time to time.
19.1. Athlee may change Subscription pricing for future renewal terms, effective
immediately upon notice. Notice of such changes shall be deemed effective if (a)
posted on Athlee’s official website at athlee.com/pricing, and/or (b) sent by email
to the payer’s registered billing contact, where such information has been
provided. Customer is responsible for maintaining current billing contact details,
which can be updated at any time by sending an email to sales@athlee.com. Price
changes apply only to subsequent renewal terms and will not affect the current
prepaid Subscription period.
20.1. Unless stated otherwise, all prices are exclusive of applicable taxes. The
Subscription is offered to business customers (B2B) only.
21.1. The current Terms published at www.athlee.com/terms apply to the Subscription
and will govern on renewal.