Allgemeine Geschäftsbedingungen

Welcome to On The Ball B.V. (“On The Ball”). Please read these terms and conditions (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access and use this website (“the Website”) and/or purchase from On The Ball. By placing an order you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and On The Ball. In addition, you agree to faithfully comply with all rules and requirement that appear during your order process on the Website.

 

1. Pricing, Products and Policies

Pricing, retail policies and shipping applicable to the purchase of products are as set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in Euro. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice

Please Note: In case of a discount, one discount code is allowed per order unless otherwise specified. 

 

2. Content Restrictions for Custom Goods

You agree not to use the website or service:

A. To upload, order for production, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;

B. To upload, order for production, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;

C. To upload, order for production, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;

D. To upload or otherwise transmit any material which is likely to cause harm to any On The Ball service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any On The Ball service or which may cause any defect, error, malfunction or corruption to the service; and

E. To upload, order for production, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage.

You agree that if On The Ball, in its sole discretion, determines that any material you upload may not meet these content requirements, On The Ball may reject your order without explanation. On The Ball reserves the right to charge a processing fee of €10.00 for each image, graphic or photograph that you submit as an order, which violates our content restrictions.

In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that On The Ball will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

 

3. Suspension and Termination of Access

You agree that On The Ball may at any time without notice:

A. Refuse to accept your orders for service;

B. Move or suspend any part of the service; or

C. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in On The Ball's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires On The Ball to do so.

On The Ball will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any product, except that On The Ball will refund to you any amounts paid by you for products not produced.

 

4. Copyright

You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright.

In general, it is a violation of law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright.

Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material.

You authorize On The Ball to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. On The Ball may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.

 

5. Age and Geographical Requirements

If you act as a private person you must be at least 18 years of age to use this website.

In addition,  On The Ball only accepts orders that are shipped to locations within the territory of Europe, the Middle East including Israel and North Africa and the Federation of Russia and Former Countries of C.I.S. (Confederation of Independent States). 

 

6. Responsibility for Custom Products Creation and Use

You acknowledge and agree that neither On The Ball nor any other party connected with the license or manufacture of the custom products will be involved in any way with the design of your order.

You must evaluate and bear all risks associated with the use of any of your content and images with the custom product purchased. You are solely responsible for and assume all liability arising from all custom products that you and any other person create or use in connection with the Website.

The fact that we produce the custom product does not mean that:

(1) we approve or endorse the content of the custom product,

(2) the custom product complies with all applicable laws, except that the product itself will comply with the order you made, or

(3) you will not incur any liability or harm arising from the custom product.

Furthermore, you agree to refrain from using the On The Ball services, your customized products, or images of your customized products in any manner that would cause damage to the public reputation of On The Ball, its employees, shareholders, board members, or partners.

In the event that you use or publicly display your customized products, including by display on the Internet, in order to intentionally bring harm to On The Ball, its employees, shareholders, board members or partners, On The Ball reserves the right to demand the immediate return of your customized products, and to pursue any and all further remedies available to On The Ball under the law.

 

7. Privacy

On The Ball has a firm commitment to safeguarding your privacy. Therefore we will keep your personal data in accordance with the applicable law and we will remove your personal data 12 months after we delivered your order. 

 

8. Compliance with Law

You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

9. Indemnity

You agree to indemnify and hold On The Ball and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.

 

10. Third Party Links

The Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.

 

11. Proprietary Rights

This Website, the On The Ball services, and all software, systems and processes used in connection with the Website and service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

12. Disclaimer of Warranties

The products, services, website, content and/or materials available through On The Ball are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied.

To the fullest extent permitted by applicable law, On The Ball expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, except that, if you act as a private person and live within the European Union, the product itself will comply with the order. In all events all warranties and conditions of any kind regarding the printing of the product are expressly disclaimed. 

On The Ball makes no warranty that its website or services will be uninterrupted, timely, secure, or error free, or that this website or our server is free of viruses or other harmful components. otb bowling makes no warranty regarding any software, goods, services, special offers, or the delivery of any software, goods or services, purchased, accessed or obtained through this website or advertised through this website.

 

13. Color disclaimer 

Please note:  Colors may vary slightly when going from the digital medium (i.e. submitted customers' design) to the actual physical product that is produced.  Please be assured, we will do anything we can to match the colors of our customers' products to the colors in their designs.

 

14. Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances shall On The Ball be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if On The Ball has been advised of the possibility of such damages, that result from the use or the inability to use the website or services, from any changes to this website or its services, or from unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.

 

15. Amendment of the Terms

We reserve the right to amend these Terms from time to time at On The Ball's sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.

 

16. Applicable Law and Jurisdiction

Except for applicable imperative law in your country in case you act as a private person, these Terms and all orders made under them shall be governed by and construed in accordance with Dutch laws. 

The applicability of the 1980 Vienna Sales Convention of April 11 1980 (Trb.1981,184 and 1986,61) on these Terms and all orders made under them is explicitly excluded.

 

17.  Risk of laws and title

If you act as a private person and live in the European Union, the risk of loss and title for all items purchased through On The Ball passes through you upon delivering to you or a third person, not being the Transporter, designated by you. 

In all other circumstances the risk of loss and title for all items purchased through On The Ball passes through you upon our delivery to our carrier.

 

18. Right to dissolve

If you act as a private person and you live within the European Union, you have the right to dissolve the agreement with us without reason within 14 days after delivery of the product. However, you are not entitled to dissolve the order without reason if you order a customized product.

 

19. Cost of transport and refund

If, in case of cancellation or dissolution of your order, the returned product is damaged, we reserve the right to credit your order less an amount corresponding to the damage. 

In case of cancellation or dissolution of your order, also in case you dissolve the order without reason as mentioned in paragraph 18 above, you shall bear the costs of returning the products to us.

 

20. General Information

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.  

The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to products purchased on our website, and supersede all other communications, written or oral, with regard to our products.