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General Terms and Conditions (T&C)

§ Scope, customer information
The following General Terms and Conditions govern the contractual relationship between absoluteBLACK® brand represented by LucidIP SLU with VAT no. EU: PL5263388091, GB: GB380325903 (collectively referred to as absoluteBLACK®, "we", "us", "our" or "our website" ) and consumers who purchase goods from our shop and/or access our website. The language of the Contract is English.
By accessing, using or placing an order on our website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not agree to our Terms and Conditions in their entirety, you may not access and/or use the website and/or website offerings.

For purposes of these Terms and Conditions, “you” and “your” means you as the user of the website. If you use the website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and (b) you agree to these Terms and Conditions on the entity's behalf.

§ Conclusion of the Contract
The presentation of goods in the online shop does not constitute a binding offer, but merely represents an invitation to order. As part of the order process you must enter your information and preferences with regards to the payment method, modes of delivery etc. By clicking the “Submit order” button you are placing a legally binding order in relation to the products in the shopping cart. The arrival of the order is immediately confirmed by email after it has been placed, however, this confirmation does not yet constitute our acceptance of your order. The sales contract is concluded when we accept your order by sending the goods to your designated address. We reserve the right to cancel the contract and return your payment if for example we do not have in stock the items you have purchased.

§ Prices and payment
You can purchase our products and services via our website by completing the applicable purchase form and providing the requisite shipping information. You acknowledge and agree that all such billing & shipping information that you provide is accurate, current and complete. By purchasing any website Offerings via our website, you confirm you understand the function of such product and/or service as set forth on the website and intend to use it only for such purpose. When you purchase products, you authorize your credit card, debit card and/or any other payment option provided by you (as permitted by absoluteBLACK® in its sole discretion (collectively, “Payment Method”) on the form or updated at a later date to be charged the applicable amount. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor.
We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any website Offerings, and (b) refuse to allow any user to purchase any website Offerings or deliver such website Offerings to a user or a user designated address. When you purchase our website Offerings, you (a) agree to pay the price for such website Offerings as set forth on the website, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge the provided Payment Method for the Full Purchase Amount.
Charges associated with your purchases will appear on your Payment Method statement through the identifier “LUCIDIP” or “absoluteBLACK”. Other than as expressly set forth herein to the contrary, all sales of products are final and non-refundable.

Discounts. absoluteBLACK® may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, shipping charges and taxes.

§ Customer Information, Saving your order information
Your order along with the details of the Contract completed (e.g. type of product, price etc.) shall be saved by us. You can consult the T&C via our website at any time after completion of the Contract.
We do not offer customers possibility to register on our website (no account creation).

§ Customer Information Correction
You can amend your details before submitting the order at any time using the “delete” button. We shall inform you of further correction possibilities throughout the order process. You can also terminate the order process at any time by closing the browser window entirely.

§ Reservation of property rights
The purchase items remain our property until full payment has been made.

§ Statutory warranty rights
The warranty complies with the statutory provisions.

§ Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the website is void where prohibited.

§ Access
You may access and use the website solely to view information about the products and services offered by us for your informational use or as expressly authorized by absoluteBLACK. You agree not to access or use the website for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the website. We may, in our sole discretion, terminate or suspend your access to, and/or use of, the website, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the website is terminated, you will not thereafter access, or attempt to access, the website, directly or indirectly, and (b) if your authorization to access the Sites is suspended, you will not thereafter access, or attempt to access, the website, directly or indirectly, until your suspension is removed and we give you express notice thereof.

§ Intellectual property rights
Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages. You acknowledge and agree that the absoluteblack.cc website and any software and information used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The entire content included in the website, including but not limited to text, graphics or code, is owned by or licensed to us. We reserve the right to make changes to the content of the website at any time without notice, including with respect to our products, specifications, colours and materials. You may download, view and print text and graphics from the website, provided that such content is strictly used only for non-commercial, personal purposes and is not modified or altered in any way. Nothing contained on absoluteblack.cc website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the website without the express written permission of absoluteBLACK. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from the website in whole or in part without our prior written permission. You should assume that everything you see, read or access on the website is copyrighted and owned by absoluteBLACK unless otherwise noted, and may not be used except as provided in these Terms without our express written permission. This means you are not allowed to use our brand name or logo or any other content on our platform without our express written permission.

absoluteBLACK®, absoluteBLACK logo, Traction chainring®, HOLLOWcage®, GRAPHENpads®, GRAPHENlube®, GRAPHENwax®, #ovalrevolution® are Registered Trademarks of the absoluteBLACK.

#ovalthis, #gooval are trademarks of absoluteBLACK.

§ Limitations of implied warranty
In no event shall absoluteBLACK be liable for any loss inconvenience or damage, whether direct, incidental, consequential or otherwise resulting from breach of any express or implied warranty or condition of merchantability, fitness for a particular purpose, or otherwise with respect to products we offer except as set forth herein. Under no circumstance shall absoluteBLACK or its third party suppliers be liable for any direct, indirect, incidental, special, consequential or any other kind of damages.

§ Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from violation of life, of the body or damage to health, guarantees or claims according to the British Product Liability Act. The same shall apply for breaches of duty committed by our agents and legal representatives. Essential contractual obligations include the obligation to transfer the item to you and provide you with ownership of it. Moreover, we shall be responsible for ensuring the item is supplied free of all defects of quality and title.

§ Disclaimer
The content in the website is provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and none infringement. We do not warrant that the operation of the sites will be uninterrupted or error free, that defects will be corrected, or that the sites or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in the website in terms of their correctness, accuracy, reliability, or otherwise. You agree that we have the right to change the content or technical specifications of any aspect of the sites at any time in our sole discretion. Any material downloaded or otherwise obtained through the use of the sites is accessed at your own discretion and risk and you will be solely liable for any damage to your computer system or loss of data that results from the download of such material.

§ Termination
We reserve the right, in its sole discretion and for any reason, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

§ Arbitration and class action waiver
You agree that, in the event of any dispute between you and the absoluteBLACK®, you will first contact us in writing and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any arbitration or court action.
If the dispute remains unresolved thirty (30) days after you first contact us in writing, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your purchase or use of the website, will be resolved by arbitration, including threshold questions of the arbitrability of your Claim. You and absoluteBLACK® agree that any Claim will be settled by final and binding arbitration, using the English language.
Jury Trial and Class Action Waiver. Arbitration will be handled by a sole, neutral arbitrator selected by absoluteBLACK®. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms and Conditions will take place on an individual basis – class, consolidated or representative arbitrations and class, consolidated or representative actions are not permitted. You understand that by agreeing to these Terms and Conditions, you are waiving the right to trial by jury or to participate in a class, consolidated or representative action or class, consolidated or representative arbitration. Court review of an arbitration award is limited.
Venue. The place of arbitration will be Andorra. Each party bears its own costs of arbitration.
Confidential Proceedings. You and absoluteBLACK® shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision.

§ Photo data
If you provide photographs (“Photographs”) to us you agree that we may apply software and algorithms against the Photographs in order to provide you the Services and improve our offerings (“Structural Data,” together with the Photographs, the “Photo Data”). You grant us and our designees all right, title, and interest to collect, record, store, analyse, and otherwise process your Photo Data.
You acknowledge that we may generate data derived from your Photo Data that has been de-identified, anonymized, and/or aggregated as those terms are defined by applicable law (“Derived Data”). You understand and agree that we are and shall be the exclusive owner of all right, title and interest, including copyright, in all Derived Data, and we shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Derived Data, in any format or version, by any means and in any media, whether now known or hereafter developed.
For clarity, Derived Data does not include your Photo Data nor any information that identifies you. We do not intend to sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of your Photo Data nor use it to directly, or combined with any lists, databases or other datasets, identify specific individuals. You may request your Photo Data be deleted as described in the Privacy Policy. You understand that any revocation or deletion shall not impact our ownership rights or continued processing of Derived Data to the extent permitted by law.

§ Injunctive relief
You agree that a breach of these Terms and Conditions will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. To the extent permitted by law, you agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court or other action that may interfere with or prevent the development or use of any Derived Data.

§ Legal age
If you are under eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater than eighteen (18)), you may not under any circumstances, enter into any transactions on our website or provide personal information to us for any purpose, except through your legal guardian under applicable law once your legal guardian has reviewed and agreed to these Terms and Conditions in their entirety. The website is not directed to children under thirteen (13) years of age. If you are under 13, you may not access and/or use the website and/or site offerings. By accessing or using the website, you represent and warrant that you meet all of these requirements.

§ Agreement
You acknowledge and agree that the Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website and website Offerings, and supersede and govern all prior proposals, agreements, or other communications.
By accessing or using the website, you agree that you will comply with the Terms and Conditions and any warnings or instructions on the website. You agree that when accessing or using the website, its Offerings or any Content, you will act in accordance with all applicable laws, custom and in good faith. You may not make any change or alteration to the website, its Offerings and/or any website Content or services that may appear on the website and may not impair in any way the integrity or operation of the website, its Offerings and/or website Content. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or wilfully in any of the obligations set in the Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us or our subsidiaries, affiliates, partners or licensors.

§ Indemnification
You agree to defend, indemnify and hold us, our subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (a) your use of the website in violation of any law, rule, regulation or the Terms and Conditions, (b) your User Content, or (c) your negligence or wilful misconduct. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

§ Changes in this Policy
We reserve the right to change, amend, adjust, add to, or delete from these Terms and Conditions and our Privacy Policy from time to time, as necessary and without notice. Any changes to these Terms and Conditions are effective immediately upon posting to the website. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions and if you do not agree with any of the changes or modifications, you must immediately cease using the website.

§ Force Majeure
absoluteBLACK® will make every reasonable effort to fulfil its obligations. However, absoluteBLACK® cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes, terrorist attacks, riots, Government controls or any others that make impracticable the manufacturing, transportation or delivery of products. In the event of delay, absoluteBLACK® will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

§ Miscellaneous
Nothing contained in the Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of the Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms and Conditions unenforceable or invalid as a whole but the Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

These Terms and Conditions and the licenses granted hereunder may be assigned by absoluteBLACK® but may not be assigned by you without the prior express written consent of absoluteBLACK®. These Terms and Conditions are governed by the laws of Andorra, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue, or if arbitration does not apply, then the state courts located in Andorra. You and absoluteBLACK® agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms and Conditions.

Compiled and routinely updated by absoluteBLACK