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Terms & Conditions of Use

 

Effective Date: May 3, 2018


These Terms & Conditions of Use are in force for the Rapala.com EU websites.


Welcome to www.rapala.com. The terms, “Rapala”, “we,” “us” and “our” as used herein refers to Rapala VMC Corporation, a Finnish publicly listed corporation with a Finnish business ID 1016238-8. We provide this website for use by you as permitted below conditioned on your acceptance of Rapala’s terms and conditions set forth in these Terms & Conditions of Use. Your access to and use of our website constitutes your agreement to be bound by these Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, you may not access or use our website.

Rapala reserves the right, in its sole discretion, to change these Terms & Conditions of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use our website.

Rapala strives to provide correct product and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our site including without limitation: documents, videos, guides, search results, FAQ’s, manuals, product comparison information, etc.

Please also review our Privacy Policy, as it contains important information regarding how we handle the data we collect about you and your personal information. Additionally, please review the Terms and Conditions of Sale, set forth below, for the terms for any purchase you make from our website. Our Privacy Policy and Terms and Conditions of Sale are incorporated into these Terms & Conditions of Use.

Areas of our website, including without limitation various pages, applications, or programs contained within or otherwise related to our website, may have different terms of use beyond these Terms & Conditions of Use. If there is a conflict between these Terms & Conditions of Use and the terms of use or disclaimer posted for a specific area of our website, the terms of use or disclaimer posted for that specific area of our website shall prevail with respect to your use of that area of our website.

PERMITTED USE OF OUR WEBSITE

You may use our website solely for your own personal, non-commercial use. You may download or print portions of the content of our website, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of our website must be in accordance with all applicable laws. You do not acquire any ownership rights in our website or any portions of its content, nor any license to our website or any portions of its content.

RESTRICTIONS ON ACCESS TO AND USE OF OUR WEBSITE

Rapala does not allow unauthorized access (hacking) into our website. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same or similar things, in connection with our website is prohibited.

In your use of our website, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law. 
You are responsible for any content, including personal information, that you contribute to be published or displayed on our website, or transmit to other users of our website. Your contributions are posted on and transmitted to other users of our website at your own risk. Although you may set certain privacy settings for removal, copies of your contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Any suspected violations should be reported to customerservice@rapalaeurope.com.

You may not use our website in any manner that could damage, disable, overburden, or impair our website or interfere with any other party’s use of our website. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through our website. You may not access portions of our website that you are not given linked access by Rapala.com such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access our website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our website that all the information you provide on our website will be correct, current, and complete. If Rapala believes the information you provide is not correct, current, or complete, Rapala has the right to refuse you access to our website or any of its resources, and to terminate or suspend your access at any time.

Rapala reserves all rights in our website and its contents not granted to you. Without limiting the foregoing, except as permitted in these Terms & Conditions of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit our website or the content of our website (in whole or in part) for any purpose. Your use of our website does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on our website.

COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

The entire content of our website including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright law of Finland, international treaties and other intellectual property laws and is owned by or licensed to Rapala. All trademarks, service marks and trade names are owned or licensed by Rapala. “RAPALA” and Rapala logo among others are registered trademarks of Rapala VMC Corporation.

LINKED SITES

Our website may contain links to other sites on the internet that are operated by third parties, including our business partners. Rapala is not responsible for the content, advertising, products, or other materials made available on or through any linked site. Further, the presence of a linked site does not constitute an endorsement by Rapala of the content of the linked site, nor any association with its operators. The links to these linked sites are for your convenience only, and you access them at your own risk. Linked sites are likely to have their own terms of use and privacy policy, and you are responsible for reading them to ensure your own compliance. Rapala shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such linked sites.

Rapala has no control over third parties or any links they provide to our website. If a third party links to our website, such linking does not imply any sponsorship or endorsement of the linking web site by Rapala, or by any group or individual affiliated with Rapala. No web sites that link to our website may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame, modify, or otherwise incorporate the content or other materials on our website or incorporate materials not displayed by Rapala in conjunction with our website.

Rapala from time to time may provide information, products and/or links to specific manufactures on our website. Each of our business partners may have own warranty information, privacy policies or terms of use. Please make sure you review any warranty information, privacy policies or terms of use which are presented by our business partners. You are responsible for reading any policies or terms of use presented by our business partners to ensure your own compliance. Rapala shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with any information, products and/or links to specific manufacturers on our website.

UNSOLICITED INFORMATION

Please note that any unsolicited personal, confidential or proprietary information or material sent to Rapala through our website, by email or other means, will be deemed NOT to be confidential. By sending Rapala any such information or material, you grant Rapala an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information subject to Rapala’s Privacy Policy. Rapala does not accept new product ideas or product modifications. Rapala employs a team of engineers and researchers, around the world, for the purpose of continuous development and improvement of products. Any ideas submitted from an outside source may have already been developed or be under development by Rapala. Consequently, to avoid possible confusion or misunderstanding as to the origin of an idea, it is our policy to not accept product idea submissions at all. Any product idea submissions will not be reviewed by any person at Rapala who is qualified to evaluate them.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Our website is provided by Rapala on an "as is" and "as available" basis. Rapala makes no representations or warranties of any kind, express or implied, as to the operation of our website or the content of our website. to the full extent permissible by applicable law, Rapala disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance or usage of trade. Rapala does not warrant that use of our website or the functions contained in our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes it available are free of viruses or other harmful components or code.

In the limits of applicable laws Rapala will not be liable for any damages of any kind arising from the use of, or inability to use, our website or any site linked from our website, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages, any lost profits, business interruption, lost savings or loss of programs or other data, even if Rapala is expressly advised of the possibility of such damages. This limitation of liability applies to all causes of action, whether based in contract, warranty, tort, or any other legal theories.

Under no circumstances shall we be liable for any damages, including, but not limited to, direct, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user’s accessing our website, even if we have been advised of the possibility of such damages.

On our website, we may display names, marks, products, advertisements or services of third parties, pop-up texts or links to third party sites. In no event will Rapala be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on our website, any products, services or other material related to any such advertisement, any linked third party site or any link contained in a linked site.

All of the information in our website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on our website, and Rapala does not undertake any obligation to update such information after it is posted or to remove such information from our website if it is not, or is no longer accurate or complete.

INDEMNIFICATION

You agree to indemnify Rapala and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including without limitation reasonable attorney fees that arise from your misuse of our website, including, but not limited to, your violation of these Terms & Conditions of Use.

SECURITY

Any passwords used for our website are for individual use only. You will be responsible for the confidentiality and security of your password. If you have forgotten your password, once you have tried to register and failed, you can click on the "Forgot your password?" link to reach a page on which you can submit your email address. Your user name and password then will be emailed to you. Rapala does not monitor your password.

You are prohibited from using any services or facilities provided in connection with our website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Rapala reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Rapala reserves the right to investigate suspected violations of these Terms & Conditions of Use.

Rapala reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Rapala to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms & Conditions of Use. By accepting this agreement you waive and hold harmless Rapala from any claims resulting from any action taken by Rapala during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Rapala or law enforcement authorities.

USE OUTSIDE THE EUROPEAN UNION

Our website is controlled, operated, and administered by Rapala from its offices within the Finland and further its affiliates abroad. Rapala makes no representation that the content of our website is appropriate or available for use at locations outside the European Union, or that access to the content from territories outside the European Union is permitted. You may not use our website or export the content of our website (in whole or in part) in violation of European Union or applicable member state export laws and regulations.

APPLICABLE LAW

These Terms & Conditions of Use shall be governed by, and construed and enforced in accordance with the laws of Finland, without giving effect to any principles of conflicts of laws.

In the limits of applicable laws you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms & Conditions of Use or your use of our website shall be filed only in the district court of Helsinki in Finland. Further you agree and submit to the exercise of personal jurisdiction of said court for the purpose of litigating any such claim or action. Process may be served on you in the manner authorized by applicable law or court rule.

Contact details of the Finnish Consumer Ombudsman may be found at here [https://www.kkv.fi/en/about-us/the-consumer-ombudsman/].

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through our website may be governed by rules that are separate from these Terms & Conditions of Use. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the Promotion is offered on our Facebook page, you further agree to Rapala’s Facebook Terms and Conditions applicable to the relevant Facebook promotion or Facebook page. Please review the About Us section of the Rapala Facebook page at facebook.com/rapala for more information. While participating in a particular Promotion or when visiting the Rapala Facebook page, the rules and/or terms and conditions for a Promotion or Rapala’s Facebook Page shall govern to the extent inconsistent with these Terms & Conditions of Use.

MISCELLANEOUS

If any part of these Terms & Conditions of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms & Conditions of Use, along with the Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Rapala with respect to our website.

Notwithstanding the foregoing, any additional terms and conditions on our website will govern the items to which they pertain.

ENFORCEMENT

Rapala reserves the right, in its sole discretion, to determine whether any action you take violates these Terms & Conditions of Use. Rapala shall have the right, but not the obligation, to monitor your actions with respect to our website to determine compliance with these Terms & Conditions of Use. Without limiting any other rights or remedies of Rapala hereunder, at law or in equity, Rapala may suspend or terminate your access to our website if there is any violation or threatened violation of any of these Terms & Conditions of Use by you.

QUESTIONS?

If you have any questions regarding the Terms & Conditions of Use, the products, your order or you wish to obtain additional information, please do not hesitate to contact us.

Rapala VMC Corporation
Mäkelänkatu 91
00610 Helsinki
Finland
Phone: +358 9 7562 540
Fax: +358 9 7562 5440
email: customerservice@rapalaeurope.com

Finnish business ID: 1016238-8
VAT number: FI10162388

© Rapala VMC Corporation, April 2018