Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website and services provided by OpenTerrium B.V. ("OpenTerrium", "we", "our", or "us"), a company registered in the Netherlands with registration number NL91826473.

By accessing or using our website, services, or placing an order with OpenTerrium, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.

Description of Services

OpenTerrium provides online retail services including but not limited to product sourcing, logistics and fulfillment, customer support, compliance assistance, analytics and reporting, and technical integration services. We serve customers throughout the European Union.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice. We also reserve the right to refuse service to anyone for any reason at our sole discretion.

Service availability may vary by location and is subject to applicable laws and regulations in your jurisdiction.

User Obligations

By using our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing orders
• Maintain the security of your account credentials and notify us immediately of any unauthorised use
• Use our services only for lawful purposes and in compliance with all applicable laws and regulations
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to our systems or other users' accounts
• Not use our services to transmit harmful, offensive, or illegal content
• Respect the intellectual property rights of OpenTerrium and third parties

Failure to comply with these obligations may result in suspension or termination of your access to our services.

Orders and Payments

When you place an order through our services, you are making an offer to purchase products or services at the stated price. We reserve the right to accept or decline any order at our discretion.

All prices are stated in Euros (EUR) and include applicable VAT where required. Payment is due at the time of order unless other arrangements have been made. We accept various payment methods as indicated during the checkout process.

If payment is not received or is declined, we may cancel your order and suspend access to our services until payment is resolved.

Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, and designs, are owned by or licensed to OpenTerrium and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. You may not copy, modify, distribute, sell, or lease any part of our services or content without our express written permission.

Any feedback, suggestions, or ideas you provide to us regarding our services may be used by OpenTerrium without any obligation to compensate you.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and processing of your personal data as described in our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by applicable law, OpenTerrium shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or relating to your use of our services.

Our total liability to you for any claims arising from or relating to these Terms or our services shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.

We provide our services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless OpenTerrium, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from or relating to your use of our services, your violation of these Terms, or your violation of any rights of another party.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands. However, we retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

Termination

Either party may terminate the service relationship at any time with appropriate notice. We reserve the right to immediately terminate or suspend your access to our services if you violate these Terms or engage in any conduct that we deem harmful to our business or other users.

Upon termination, your right to use our services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, and governing law.

We may retain certain information as required by law or for legitimate business purposes following termination.

Consumer Rights

If you are a consumer (as defined by applicable EU consumer protection laws), you may have additional rights under applicable consumer protection legislation that cannot be waived or limited by these Terms.

Nothing in these Terms affects your statutory rights as a consumer, including rights relating to withdrawal, conformity of goods, and remedies for non-conforming goods.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and OpenTerrium regarding your use of our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms or need to contact us regarding legal matters, please reach out to us: