Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Openwater. The terms “we”, “us” and “our” refer to Openwater. Openwater operates this store and website, including all related information, content, features, tools, products and services made available to you (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services.
Please read these Terms carefully before using our Services. They contain important information about your legal rights and obligations, including limitations and exclusions of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy: https://www.openwaterstore.eu/policies/privacy-policy. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence, or that you have obtained parental consent for any minor dependents using the Services on devices you own or manage.
To access or use certain parts of the Services, including placing an order, you may be required to provide personal information such as your name, email address, billing address, payment details, and shipping information. You warrant that all information provided is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You may not sell, transfer, or assign your account to any other person.
SECTION 2 – PRODUCTS AND INFORMATION
We make reasonable efforts to ensure that product descriptions, images, and specifications are accurate. However, product colors or appearance may vary depending on your device, screen settings, or configuration.
We do not guarantee that products will meet your individual expectations or that displayed images exactly match delivered products.
All product descriptions and availability are subject to change without notice. We reserve the right to discontinue any product or limit quantities offered at any time.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase products. Openwater reserves the right to accept or reject any order at its discretion. An order is not accepted until we have confirmed receipt of your order and payment has been successfully processed.
Please review your order carefully before submitting it. Once an order has been accepted, cancellation may not be possible.
Returns, refunds, and withdrawals are handled in accordance with our Return & Withdrawal Policy: https://www.openwaterstore.eu/policies/refund-policy
You confirm that purchases made through the Services are for personal or household use only and not for commercial resale.
SECTION 4 – PRICES AND PAYMENT
All prices are shown at the time of purchase. Prices, discounts, and promotions may change without notice.
Unless explicitly stated otherwise, prices do not include shipping costs, customs duties, or import charges. Any applicable taxes will be shown during checkout.
You agree to provide accurate and complete payment and billing information and to promptly update this information if it changes.
You confirm that:
(i) the payment method used belongs to you or you are authorized to use it;
(ii) all payment details provided are accurate; and
(iii) you accept responsibility for all charges incurred.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and cannot be guaranteed. We are not responsible for delays caused by carriers, customs clearance, or circumstances beyond our reasonable control.
For consumers within the European Union, the risk of loss or damage to the goods passes to you upon physical receipt of the goods.
SECTION 6 – RIGHT OF WITHDRAWAL (EU CONSUMERS)
If you are a consumer within the European Union, you have a statutory right to withdraw from your purchase within 14 days, without giving any reason.
The withdrawal period expires 14 days from the day you, or a third party designated by you (other than the carrier), takes physical possession of the goods.
To exercise your right of withdrawal, you must notify us of your decision by a clear statement by email to info@openwaterstore.eu. You may use the EU standard withdrawal form, but this is not mandatory.
Effects of withdrawal
If you withdraw from the contract, we will refund all payments received from you, including standard delivery costs (excluding any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered).
Refunds will be made without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. We may withhold the refund until we have received the returned goods or you have provided proof of return.
Return shipping costs are borne by the customer.
This does not apply in cases where the product is defective, damaged, or incorrectly delivered.
Returned items must be unused, in original condition, and in original packaging.
Full details are provided in our Return & Withdrawal Policy [LINK].
SECTION 7 – INTELLECTUAL PROPERTY
All content included in the Services, including trademarks, text, graphics, images, videos, audio, and design, is owned by Openwater or its licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial purposes only. No content may be copied, reproduced, distributed, or used without our prior written consent.
Nothing in these Terms grants you any license or right to use any intellectual property belonging to Open Water, Shopify, or third parties.
SECTION 8 – THIRD-PARTY TOOLS AND LINKS
The Services may include access to third-party tools or links. We do not control or endorse these tools or websites and are not responsible for their content or operation.
Your use of third-party services is at your own risk and subject to the third party’s terms and policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Services are powered by Shopify. However, all purchases are made directly between you and Openwater. Shopify is not responsible for any aspect of the transactions, including product quality, delivery, or returns. You release Shopify from any claims arising from your transactions with Open Water.
SECTION 10 – PRIVACY
Your personal data is processed in accordance with our Privacy Policy [LINK] and, where applicable, Shopify’s Privacy Policy.
By using the Services, you acknowledge that your data may be processed and stored within or outside the European Union in accordance with applicable data protection laws.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, suggestions, or other content, you grant Openwater a perpetual, worldwide, royalty-free license to use such content for any purpose, including marketing and service improvement.
You confirm that you own or have the necessary rights to submit such content and that it does not infringe third-party rights.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if necessary, even after an order has been submitted.
SECTION 13 – PROHIBITED USE
You may not use the Services for unlawful purposes, to infringe intellectual property rights, transmit malicious code, submit false information, harass others, or interfere with the security or operation of the Services.
We reserve the right to suspend or terminate access for violations of these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time. Obligations incurred prior to termination shall survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated, the Services and products are provided “as is” and “as available”.
Nothing in these Terms limits or excludes any rights you may have under applicable mandatory consumer protection laws.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Openwater shall not be liable for indirect, incidental, or consequential damages arising from use of the Services or products.
This limitation does not apply where prohibited by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Openwater and Shopify from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms, together with referenced policies, constitute the entire agreement between you and Openwater and supersede any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Sweden, without prejudice to mandatory consumer protection laws applicable in your country of residence within the European Union.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Changes will be posted on this page. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms may be sent to:
Company details:
Openwater Europe
Sweden
SE5593296048