The following describes the terms on which Obersports offers you access to our services.
Welcome to Obersprts. By using the obersports.com website including its related sites, services and tools (the "Website"), you agree to the following terms, including those available by hyperlink and the general principles for this Website. If you have any questions, please refer to our Help section.
This Agreement is effective on 13 March, 2019 for current users, and immediately upon acceptance by new users.
If you use this Website, you are responsible for maintaining the confidentiality of your account with obersports.com ("Account") and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Using this Website
While using this Website, you will not :
- - post content or items in an inappropriate category or areas on our Website or services;
- - violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- - use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
- - manipulate the price of any item or interfere with other user's listings;
- - circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
- - post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
- - take any action that may undermine the feedback or ratings systems;
- - transfer your Account to another party without the Company's consent;
- - distribute or post spam, chain letters, or pyramid schemes;
- - distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
- - copy, modify, or distribute content from the Website and the Company's copyrights and trademarks; or
- - harvest or otherwise collect information about users, including email addresses, without their consent; or
- - use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences
Violations of this policy may result in a range of actions, including:
- - Cancellation of Item Listing(s)
- - Loss of Settlement Amount
- - Limits placed on account privileges
- - Loss of "Power Seller" status
- - Account suspension / termination
- - Criminal charges / claim for damages
Abusing our Website
We keep our Website and services safe and working properly. Please report problems, offensive content and policy violations to us.
Our Brand Protection Program (BPP) works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our BPP team and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Purchase and Payment
You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, import duty, etc. and terms and conditions for sales before purchasing an item.
We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
Buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.
Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Also, the company or sellers may provide certain order, shipment, and product information--such as titles--to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
On receipt of the payment from the buyer, Obersports shall take necessary actions for delivery and provide the tracking number 3 business days from the date of the delivery instruction.
Cancellation, Return and Refund
Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to return process rather than cancellation process.
Buyers may request for return of purchased items at any time within 7 days from the date of receipt. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by sellers.
Return costs shall be borne by the party attributable to the return request, such as:
- - the buyer, where the return is due to his/her change of mind; and
- - obersports, where the return is due to the defects in the item, or delivery of the wrong or different item
For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs and custom duty tax. We take no responsibility and assume no liability for such cases.
Upon completion of the cancellation or the return process, Obersports shall refund the purchase by immediately cancelling the credit card transaction authorization in the case of payment by credit card or by depositing the amount paid by the buyer in the wallet of the buyer in the case of payment by cash. Buyers may at any time request to withdraw from the wallet of the buyer and the request amount shall be remitted to the buyer's bank account within 3 business days.
Joining this Website is free, we do not charge buyers any.
Access and Interference
Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- - copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
- - interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
- - bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Limitation of Liability
THE USER SPECIFICALLY AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any buyer.
Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.
The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.