EKSTER® | Terms & Conditions - Ultra-slim Trackable Smart Wallets
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Ekster Wallets B.V. and/or its licensors own the intellectual property rights published on this website and materials used on ekster.com Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website in neither print nor digital media or documents (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; redistribute material from this website - except for content specifically and expressly made available for redistribution; or republish or reproduce any part of this website through the use of iframes or screenscrapers. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Ekster.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Ekster Wallets B.V.'s express written consent. This includes:
scraping data mining data extraction data harvesting 'framing' (iframes) Article 'Spinning' You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of Ekster Wallets B.V..
Ekster® offers worldwide free shipping. All Import duties are at the expense of the customer. The customer will be responsible for duties, fees and taxes applicable in their region or country.
We take our quality control very seriously, but rarely there may be a manufacturing defect. In this case, we are happy to assist you with an exchange for your product! Please note: there will be no exchanges unless there is a manufacturing defect. We do not offer refunds, only exchanges for factory defects.
If your product is faulty, follow the instructions on our Exchange Page within 7 days of receiving your product. Any returned items received by Ekster without prior notification and approval will not be processed.
Access to certain areas of this website is restricted. Ekster Wallets B.V. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Ekster Wallets B.V. may change or modify this policy without notice.
If Ekster Wallets B.V. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
Ekster Wallets B.V. may disable your user ID and password at Ekster Wallets B.V.'s sole discretion without notice or explanation.
In these terms and conditions, â€œyour user contentâ€ means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Ekster Wallets B.V. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Ekster Wallets B.V. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Ekster Wallets B.V. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Ekster Wallets B.V. reserves the right to edit or remove any material submitted to this website, or stored on the servers of Ekster Wallets B.V., or hosted or published upon this website.
Ekster Wallets B.V.'s rights under these terms and conditions in relation to user content, Ekster Wallets B.V. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction.The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Ekster Wallets BV (“Ekster”), located in Rotterdam, The Netherlands warrants to the owner of the enclosed product that the product contained in this box (“Product”) will be free from defects in materials and workmanship for a period of 6 months from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Ekster will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Ekster’s sole discretion. If the Product or a component incorporated within it is no longer available, Ekster may replace the Product with a similar product of similar function, at Ekster’s sole discretion. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of ninety (90) days from the date of delivery or the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
Before being able to claim under this Limited Warranty, the owner of the Product must (a) notify Ekster of the intention to claim by e-mailing email@example.com during the Warranty Period and providing a description of the alleged failure, and (b) comply with Ekster’s return shipping instructions. Ekster will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below).
Disclaimer for Warranties
Pictures on the website may not always directly portray the exact same proportions as in real life. The dimensions per product are clearly stated under the "features" tab on each product page.
Except as stated above in this limited warranty, and to the maximum extent permitted by applicable law, Ekster disclaims all express, implied, and statutory warranties and conditions with respect to the product, including the implied warranties of merchantability, and fitness for a particular purpose. To the maximum extent permitted by applicable law, Ekster also limits the duration of any implied warranties or conditions to the duration of this limited warranty.
Limitation of Damages
In addition to the above warranty disclaimers, in no event will Ekster be liable for any consequential, incidental, exemplary, or special damages, including any damages for lost data or lost profits, arising from or relating to this limited warranty or the product, and Ekster’s total cumulative liability arising from or related to this limited warranty or the product will not exceed the amount actually paid for the product by the original purchaser. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and Ekster governing your use of the product and they apply without regard to whether the terms of this limited warranty have proven ineffective or if a remedy fails of its essential purpose.
Limitations of liability
Ekster Wallets B.V. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Ekster Wallets B.V. has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Ekster Wallets B.V. in respect of any:
death or personal injury caused by the negligence of Ekster Wallets B.V. or its agents, employees or shareholders/owners; fraud or fraudulent misrepresentation on the part of Ekster Wallets B.V.; or matter which it would be illegal or unlawful for Ekster Wallets B.V. to exclude or limit, or to attempt or purport to exclude or limit, its liability. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Ekster Wallets B.V. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ekster Wallets B.V.'s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Ekster Wallets B.V.'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ekster Wallets B.V..
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Ekster Wallets B.V. and undertake to keep Ekster Wallets B.V. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ekster Wallets B.V. to a third party in settlement of a claim or dispute on the advice of Ekster Wallets B.V.'s legal advisers) incurred or suffered by Ekster Wallets B.V. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Ekster Wallets B.V.'s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ekster Wallets B.V. may take such action as Ekster Wallets B.V. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Ekster Wallets B.V. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Ekster Wallets B.V. may transfer, sub-contract or otherwise deal with Ekster Wallets B.V.'s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Rotterdam, The Netherlands, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Rotterdam, The Netherlands.
If you have any questions about these terms, the practices of this site, or your dealings with this site, please contact us at:
Ekster Wallets B.V.
1017 AZ Amsterdam
This document was last updated on August, 2016