Applicable with effect from: 15/01/2020

  1. Introduction 

These Terms of Use, Pre-Order Terms and Conditions and Privacy Policy together govern your access to and use of our websites (www.ibandplus.com and sub-websites) (collectively, the “Sites”), the software (the “Software”) embedded in our product iBand+ (the “Goods”), the iBand+ mobile application (the “App”), and other iBand+ services (collectively with the Sites, Software, and App, the “Services”), provided by Arenar B.V. (“Arenar”, “we”, “us” or “our”). BY CLICKING “I AGREE” OR BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18) DO NOT ACCESS OR USE OUR SERVICES OR MAKE ANY PURCHASES. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

HEALTH DECLARATION:
ARENAR GOODS ARE NOT MEDICAL DEVICES

PRIOR TO ANY USE OF OR ACCESS TO THE ARENAR SERVICES YOU HEREBY DECLARE THAT YOU ARE NOT AWARE OF AND DO NOT SUFFER FROM ANY HEALTH IMPAIRMENT OR HAVE BEEN TESTED, TREATED FOR, OR DIAGNOSED WITH ANY ILLNESS, DISEASE, DEFICIT, DISORDER, OR CONDITION THAT MIGHT OTHERWISE AFFECT YOUR HEALTH. THE SERVICES, INCLUDING ANY INFORMATION, DATA OR ANALYSIS GENERATED, PROVIDED OR CONCLUDED FROM THE USE OF THE SERVICES ARE NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, NOR ARE THE SERVICES INTENDED AS A SUBSTITUTE FOR SUCH MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. FOR ANY MEDICAL OR OTHER PROFESSIONAL ADVICE, YOU SHOULD CONSULT A DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. ANY AND ALL INFORMATION PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AND/OR TAKE ANY SUGGESTIONS PROVIDED BY THE SERVICES AS A SUBSTITUTION FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES ARE MADE SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.

By entering, connecting to, accessing or using the Services and/or by setting up an Account, you acknowledge that you have read and understood the following terms of use (the “Terms of Use”), including the Pre-Order Terms and Conditions (the “Pre-Order Terms and Conditions”) and the terms of our Privacy Policy (the “Privacy Policy” and collectively with the Terms of Use, the “Terms”) and you agree to be bound by the Terms and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Arenar and yourself. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Privacy Policy.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms. Every time you order Goods from our Website, the Terms in force at that time will apply to such purchases. We encourage you to review these Terms each time you make a purchase from us to ensure you understand the terms and conditions that apply to such purchase.

  1. Ability to Accept Terms

Our Website and App are not structured to attract children under the age of 18 years. If you are under 18 years of age, please do not visit or use the Website or App without the guidance and supervision of your parent or legal guardian who registered to the Services on your behalf.

TO USE THE SERVICES AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18). If you are under 18 years old, then your parent or legal guardian must read, understand and accept Terms with respect to your use of the Services prior to any such use.

  1. User Accounts and Account Security

 In order to access and use certain areas or features of the Services, you may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. Any activity undertaken using our Services will be your responsibility so please take care to safeguard your credentials. Arenar is not responsible if someone uses your credentials to do something using our Services that you don’t like or causes you harm. Please notify us as soon as possible if you suspect any unauthorized use of your credentials.

  1. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. Our Privacy Policy applies to you and your access and use of the Services and by accessing and using the Services you agree that you have read the Privacy Policy and consent to the handling of your personal information described therein.

  1. Terms of Sale

Certain Goods may be provided for a fee. By placing an order, you agree to pay the amount displayed on your order checkout page. You shall pay all applicable amounts in connection with the Goods purchased by you in accordance with the Terms of Use.

  1. Ownership and Proprietary Rights

 As between you and us, the Arenar Services, including the underlying software and technology embedded on the Goods, as well as the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained on the Services and Goods (collectively, “Arenar Content”) are owned by or licensed to Arenar B.V. Arenar Group B.V. and its licensors own all intellectual property rights in the Goods. These Terms do not include any right to (a) sell, resell or commercially use our Services or Arenar Content; (b) copy, reproduce, distribute, publicly perform or publicly display Arenar Content, except as expressly permitted by us or our licensors; (c) modify the Arenar Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Arenar Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Arenar Content other than for their intended purposes. Any use of our Goods and Services or Arenar Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. You shall acquire no interest or rights in Arenar’s intellectual property by virtue of this Agreement.

  1. User Prohibited Activities

You agree that you will abide by these Terms, and will not:

  1. use or attempt to use another user’s account without authorization from that user and Arenar.
  2. sell, copy, modify, distribute, display, transmit, publish, create derivative works from, or otherwise make unauthorized use of Arenar content, materials or Services.
  3. interfere with, damage, impair, change or disable the operation of the Arenar Services or Goods.
  4. circumvent, disable or otherwise interfere with any security-related features of the Arenar Goods and Services, including through breaching any Arenar security or authentication measures.
  5. use, display or mirror any trademark, logo, or other Arenar materials without our express written consent, including but not limited to the Arenar name, layout and design of any page of the website.
  6. access non-public areas of Arenar Services, including internal IT systems, hardware, code, firmware and security protocols.
  7. conduct vulnerability testing of any Arenar systems.
  8. use any robot, spider, scraper, or other automated means to access Arenar Services.
  9. develop or use any third-party applications that interact with Goods and Services without our prior written consent, including any scripts designed to scrape or extract data from our Goods and Services.
  10. reverse engineer, disassemble or otherwise attempt to discover the source code of any software and / or firmware that Arenar provides to you or any other part of Arenar Services and Goods.
  11. use Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  12. violate any applicable law, contract, intellectual property or other third-party right or commit a tort.
  1. Anti-fraud

 Arenar will engage in fraud prevention to protect the rights of legitimate customers and so as not to profiteer from fraudulent transactions. Arenar reserves the right to monitor transactions for signs of fraud, such as: number of units ordered, time of order, country of order and information from the payment gateway. If a transaction is flagged for potentially being fraudulent, Arenar reserves the right to cancel the transaction, refund any monies received and potentially bar the credit card and customer from future purchases.

Fraud prevention extends to the use of Arenar Services, Goods and Arenar accounts and if they are subject to suspected fraudulent activity, Arenar reserves the right to make contact using details provided, and lock both Arenar accounts and hardware.

  1. Termination

 We reserve the right, without notice and in our sole discretion, to suspend, limit, withdraw or terminate your right to access or use our Services for any reasons which includes but is not limited to any breach by you of these terms of use, or for any security, technical, maintenance, legal, operational or regulatory reasons. Subject to Your Consumer Rights described in section 10, we are not responsible for any loss or harm related to your inability to access or use our Services. If you wish to terminate your Arenar account, please contact us at contact@ibandplus.com. All rights granted by you in favor of us will survive termination of these Terms of Use.

  1. Your rights to make changes

 If you wish to make a change to the Goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Pricing and Availability 
  1. By placing an Order, you agree to pay the amount displayed on your Order checkout page. All prices are shown in EURO. Although the Services may be accessible worldwide, the Goods and Services are not designed and tested for use in all countries.
  2. All Goods are subject to availability and we reserve the right to impose quantity limits on any Order, cancel all or any part of an Order, and discontinue the Goods without notice, even if you have already placed your Order.
  3. The prices are excluding taxes and/or import duties. You will have to check with your local authorities for any applicable taxes and duties.
  4. All prices are subject to change without prior notice.
  1. Payment and Billing Information 

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your Order may be suspended or cancelled if you do not resolve the issue promptly.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

  1. Order Fulfillment 

An order submitted by you through the Website constitutes an offer by you to us to purchase the Goods on these Terms and is subject to our subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. Our acceptance of your order takes effect upon our charging your credit card or accepting any other payment for the Goods (“Acceptance”). While we do everything in our power to prevent errors in Orders, in the event of an error in Arenar communication, we reserve the right to correct such error and revise your Order if necessary.

Please note that Goods purchased by you are to only be for personal or gift use – any other use is not permitted under the Terms. All Orders are subject to availability. As part of Order processing, Arenar may screen Order requests and reserves the right to reject all or part of an Order, in cases such as:

  1. Insufficient stock or discontinuation of an item
  2. If the party receiving the Order is suspected to be a reseller, suspected of fraud or is in a location that is not serviced by Arenar’s shipping provider
  3. Errors in Order details or credit card processing

You may also be contacted via the email address that you provide in your Order, to confirm Order details. Arenar takes illegal activity very seriously and reserves the right to cancel Orders and accounts, in instances of illegal activity.

  1. Shipping and Handling

Arenar Goods are shipped in a suitable box. Shipping boxes may be different for larger Orders. Shipping and handling charges are provided at the time of ordering when details are entered via the Arenar checkout page. You agree to check all charges before submitting your Order. You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you place your Order, you will also be provided with an estimated range of time that it will take your Order to reach you; please note that these dates are only provided as an estimate. Your Order is shipped to you via Arenar’s third-party shipping provider and a local carrier. This means that title to, and the risk of loss for, all Goods passes to the buyer upon our delivery of the Goods to the third-party carrier. In no event will Arenar be liable for any loss, damage, or penalty resulting from a delay in shipment or delivery.

  1. Errors

 We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product descriptions, photographs, pricing or other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, at a physical retail location, in an Order confirmation or in processing an Order or delivering a product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged. Your sole remedy in the event of an error is to cancel your Order and obtain a refund.

  1. Returns

 In certain cases, you may be entitled to return your items from your Order. Arenar offers hassle-free returns. If you are not satisfied with our product, let us know within 14 days, as from the date of delivery. The date of delivery is considered the date that our delivery service has recorded delivering your Arenar Product as per delivery tracking, not any other date. Return shipping costs are to be paid by the customer. Please note that you must use a shipping service that covers customs and import charges at destination with incoterms DDP (delivered duty paid). T&Cs apply.

  1. Terms of Return:

    Shipping and handling charges, plus taxes such as customs and VAT are not refundable. Only the price of your purchased products minus a 15% restocking fee is refundable under the 14-Day Money Back Guarantee. Please note, due to hygiene reasons, the item can only be returned so long as it is not worn and the hygiene tape on the electrodes is not removed.
    Arenar reserves the right to inspect and triage returned items prior to issuing replacements or refunds. This is to verify that;

    • A correct and valid tracking number has been received by the Arenar team,
    • The items have been received by the Arenar team in the correct time frame, and
    • The Arenar team has confirmed that all items and packaging have been correctly provided and are in good and unused condition.
  2. Refund Processing Time:
    After the return has been processed successfully, it can take up to 14 days for the refund to be reflected in your account statement. If you don’t see a refund after 14 days, please get in touch with us again.
  1. Limited Product Warranty

This warranty is applicable only to the electronic parts inside the Arenar Goods. To the fullest extent permitted by applicable law and subject to any applicable consumer guarantees that cannot be excluded, modified or restricted by law, Arenar warrants that your Arenar Goods shall, as of the date of delivery, be free from any defects to the electronic parts for a period of one (1) year. The date of delivery is considered the date that our delivery service has recorded delivering your Arenar Goods as per delivery tracking, not any other date. As your sole and exclusive remedy and Arenar’s sole liability for any breach of the foregoing warranty, Arenar will repair or replace the affected goods in accordance with the terms listed below:

  1. Arenar provides this limited warranty to you, only if you purchased the Goods from Arenar’s website (ibandplus.com and sub-websites).
  2. Reasonable day-to-day wear does not warrant repair, replacement or refund. The headband strap that came with the product or sold separately does not warrant repair, replacement or refund.
  3. If a defect with your Arenar Goods arises within the warranty period, you are required to contact the Arenar customer service team within the same warranty period either via contact@ibandplus.com or by using our contact form.
  4. If your warranty claim is accepted by us, we agree to either;
  • repair the product at no charge using new or refurbished replacement parts, or
  • replace the product with a new or refurbished product (with the replacement product being of identical model or functional equivalent), or
  • refund the full amount that you paid for the product

To minimize impact on the environment, we prefer to repair and replace using refurbished parts and Goods. Shipping costs are to be paid by the customer. Please note that you must use a shipping service that covers customs and import charges at destination.

  1. Disclaimer of Warranties

EXCEPT FOR THE LIMITED PRODUCT WARRANTY (SECTION 17) EXPRESSLY SET FORTH HEREIN AND SUBJECT TO ANY LEGAL RIGHTS YOU MAY HAVE UNDER ANY LAW THAT APPLIES TO YOU WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT (“YOUR CONSUMER RIGHTS”), THE GOODS ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS ARE IN LIEU OF, AND ARENAR SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS OF USE LIMITS, EXCLUDES, RESTRICTS, MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, RESTRICT OR MODIFY YOUR CONSUMER RIGHTS. IF ANY PART OF THESE TERMS CONTRADICTS YOUR CONSUMER RIGHTS OR ANY OTHER APPLICABLE LAW, THEN YOUR CONSUMER RIGHTS OR OTHER APPLICABLE LAW WILL PREVAIL OVER THAT PART. IF YOU SUFFER ANY LOSS IN CONNECTION WITH OUR GOODS OR SERVICES, YOU MUST TAKE ALL REASONABLE STEPS TO MINIMISE YOUR LOSS, INCLUDING NOTIFYING US WITHOUT DELAY IF THERE ARE STEPS, WE CAN TAKE TO HELP MINIMISE YOUR LOSS.

  1. Limitation of Liability and Damages 

ARENAR AND THE OTHER ARENAR PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE – FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ARENAR OR THE OTHER ARENAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT OUR LIABILITY CAN BE LIMITED UNDER APPLICABLE LAW TO RESUPPLYING A DEFECTIVE PRODUCT OR SERVICE, OUR LIABILITY IS SO LIMITED. THE TOTAL LIABILITY OF ARENAR AND THE OTHER ARENAR PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR GOODS, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO PURCHASE OR USE OUR GOODS IN THE PREVIOUS 12 MONTHS, OR $100.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF ARENAR OR THE OTHER ARENAR PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THE FOREGOING IN THIS SECTION 19 SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW INCLUDING YOUR CONSUMER RIGHTS DESCRIBED IN SECTION 18. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP BETWEEN ARENAR AND YOU.

  1. Dispute Handling 
  1. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer, you may contact us to end the Contract within [30 days] of us telling you about it and we will refund you any payments you have made in advance for Goods not delivered.
  2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the Goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the Goods.
  3. Nobody else has any rights under this Contract (except someone you pass your guarantee on to). This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
  4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  6. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days. Disputes can be submitted to the jurisdiction of Dutch court system.
  1. Contact

If you have any questions, complaints or claims please contact us on:

E-Mail Address: contact@ibandplus.com or via the contact form on this website