Welcome! I´m glad you’re here. Make yourself comfortable and have a good time, but please follow our rules.

 

This document and the other documents that we refer to below make up the rules required you to be familiar with before using our Services. The Terms are a legally binding. Whereas our ´Terms of Use´ explain the requirements you must follow when visiting and using our website, the ´General Data Privacy Statement´ (Code of Conduct) specifies our conditions and legal obligations regarding the collection and sharing of data. These contracts set out your rights and responsibilities when you use our website. We reserve the right to modify or replace these Terms at any time.

 

This website and associated domain is owned by Gertrúd Windberg. Your access to and use of this Service is conditioned on your acceptance of and compliance with the below conditions and the conditions of our ´General Data Privacy Statement´.

 

To fulfill the Children's Online Privacy Protection Act (COPPA) requirements, Users under the age of 13 are only permitted to use this website with their parents or other legal guardians’ approval. In such case the given terms apply to a parent or legal guardian who allows their child to use our services and become responsible for their child’s activity on the services.

 

Don´t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. You may not engage in fraud (including false claims or infringement notices), theft, threatening conduct, or any other unlawful acts or crimes while using our Services. You are responsible for paying all fees that you owe https://www.windberge.com/ . You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, https://www.windberge.com/ will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT.  

 

Do not Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for instance by distributing a virus, excessive requests, or other harmful computer code.

 

Share Your Ideas. Your suggestions and ideas can help us improve your experience and our Services. Any ideas or other materials you submit to https://www.windberge.com/ (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Online Contact. By using our Services, you’re agreeing to that we can send you information electronically (such as by email) instead of mailing paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

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I. Your Account 

To use some of our Services you´ll need to create an account with https://www.windberge.com/. Rules that apply when creating an account:

1. You must be 18 years old or older to use our Services. Minors between the age of 18-13 are only permitted to use our Services through an account owned by a parent or other legal guardian and only with their appropriate permission and under their supervision. Children under the age of 13 are NOT permitted to use our Services. You are responsible for any and all account activity conducted by a minor on your account.

2. Be honest. Provide accurate information about yourself. It´s prohibited using false information or impersonating another person or company.

3. Choose an appropriate username. If you decide not to use your full name as the name associated with your account, you may not use language that is vulgar, offensive, infringes someone’s intellectual property rights, or otherwise violates the Terms.

4. You're solely responsible for your account. You have full responsibility for any activity on your account. If you’re sharing an account, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.

5. Protect your password. Since all responsibility is on you for your account it’s important to keep your account password secure. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and https://www.windberge.com/.

 

Prohibited Use and Activities

The prohibited or acceptable use clause in the ´Terms of use´ agreement outlines all rules users must follow when accessing our services. Banned behaviors and activities on this site include for instance:

• Obscene, crude, or violent posts

• False or misleading content

• Breaking the law

• Spamming or scamming the service or other users

• Hacking or tampering with your website or app

• Violating copyright laws

• Harassing other users

• Stalking other users

 

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II. Your Content

Content that you post using our Services is your content (such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). We don’t make any claim to it. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

 

Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

 

Permission to Use Your Content & Rights You Grant. By posting Your Content through our Services, you grant https://www.windberge.com/ and, as authorized by https://www.windberge.com/ in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. That is you grant a license which gives us your permission for using Your Content to help https://www.windberge.com/ function and grow. We don’t claim any ownership to Your Content. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree https://www.windberge.com/ may offer you or https://www.windberge.com/ buyers promotions on the Site, from time to time, that may relate to your listings or other listings on https://www.windberge.com/.

 

You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. Consider these examples: if you upload a photo or video of a listing on https://www.windberge.com/, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French; and if you post a beautiful photo or video of your latest product, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business.

 

Reporting Unauthorized Content. https://www.windberge.com/ has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please don´t hesitate to contact Us. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

 

Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

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III. Termination

Termination By You. We'd hate to see you go, but you may terminate your account with https://www.windberge.com/ at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you’ll still have to pay any outstanding bills. 

 

Termination By Us. We may terminate or suspend your account (and any accounts https://www.windberge.com/determines are related to your account) and your access to the Services if we have reason to believe that you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, https://www.windberge.com/ will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

 

If you or https://www.windberge.com/ terminate your account, you may lose any information associated with your account, including Your Content.

 

We May Discontinue the Services https://www.windberge.com/ reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in https://www.windberge.com/’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

 

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

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IV. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that some of the items sold through our Services https://www.windberge.com/  is not manufactured, stored, or inspected by us. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so https://www.windberge.com/ cannot and does not make any warranties about these items´ quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release https://www.windberge.com/  from any claims related to these items, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims). We only take responsibility for items that are directly bought from https://www.windberge.com/ and in limits stipulated by law.

 

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services posted by a third party. We make no representations concerning any content posted by users through the Services. https://www.windberge.com/ is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

 

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. https://www.windberge.com/ is not a party to those agreements; they are solely between you and the third party.

 

Gift Cards and Promotions. You acknowledge that https://www.windberge.com/ does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

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V. Indemnification (and What Happens If You Get Us Sued)

We hope this never happens, but if Gertrúd Windberg and https://www.windberge.com/ gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Gertrúd Windberg and https://www.windberge.com/  harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from YOUR actions, YOUR use (or misuse) of our Services, YOUR breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

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VI. Disputes with Other Users

If you find yourself in a dispute with another user of https://www.windberge.com/ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

 

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may seek out to participate in our case system with a registered account. In our sole discretion, Gertrúd Windberg and https://www.windberge.com/ will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. Gertrúd Windberg and https://www.windberge.com/ has no obligation to resolve, or to assist in resolving, any disputes that are not directly connected to us.

 

You release Gertrúd Windberg and https://www.windberge.com/ from any claims, demands, and damages arising out of disputes with other users or third parties.

 

VII. Dispute Resolution (Rest of World)

If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and Gertrúd Windberg and https://www.windberge.com/ agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.

 

This Section applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. Because your contract is with Gertrúd Windberg and https://www.windberge.com/ we each agree that the Terms and any disputes between us will be exclusively governed by Swedish law, and exclusively decided in the courts of Sweden, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If Gertrúd Windberg and https://www.windberge.com/ need to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

 

If a dispute arises between you and Gertrúd Windberg and https://www.windberge.com/ we encourage you to contact Gertrúd Windbergs and https://www.windberge.com/´s Support to seek a resolution, and/or to follow the Informal Dispute Resolution process outlined in Section VIII.C below. For EU sellers, you may view information about the Platform-to-Business trading practices. The P2B Regulation applies to sellers located in the EU that also offer their products to consumers in the EU. You or Gertrúd Windberg and https://www.windberge.com/ also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution (CEDR) or resolution through the European Commission's online dispute resolution platform.

 

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VIII. Arbitration Agreement and Class Action Waiver

This “Arbitration Agreement” only applies if you are a user in North or South America, and applies to the fullest extent allowable by law.

 

A. Disputes that We’ll Arbitrate. You, Gertrúd Windberg and https://www.windberge.com/ agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by Gertrúd Windberg and https://www.windberge.com/, or its users, in each case including disputes that arose before the effective date of these Terms. The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and Gertrúd Windberg and https://www.windberge.com/ are each waiving your right to sue in court and have a court or jury trial.

 

B. Class and Representative Action Waiver. You, Gertrúd Windberg and https://www.windberge.com/ agree that each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section VIII.F (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Section VIII.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies.

 

C. Informal Dispute Resolution. Before filing an arbitration, you, Gertrúd Windberg and https://www.windberge.com/ will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to wgertrud@gmail.com entitled as ´dispute resolution´ that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If Gertrúd Windberg and https://www.windberge.com/ have a Dispute with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you, Gertrúd Windberg and https://www.windberge.com/ must cooperate to schedule that meeting by phone or videoconference. You, Gertrúd Windberg and https://www.windberge.com/ each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). Arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

 

D. Arbitration Rules and Procedures. To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve Gertrúd Windberg and https://www.windberge.com/ with any arbitration demand by mail to: Gertrúd Windberg, Skolgatan 3B, 172 31 Sundbyberg, Sweden. If Gertrúd Windberg and https://www.windberge.com/ have a dispute with you, we will send an arbitration demand to the email address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section VIII, you and we will select another provider (and if we can’t agree, a court will choose the provider).

 

The arbitration will be conducted in the English language by a single arbitrator, however, in some cases, the presence of interpreter is allowed. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing or the arbitrator agrees. If an in-person hearing is required, it will be held in the county where you live (for US residents), New York County, New York (for non-US residents), or as determined by the arbitrator (in the case of Batch Arbitration).

 

The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or Gertrúd Windberg´s and https://www.windberge.com/´s, claims exceed $5,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.

 

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section VIII (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section VIII.C (Informal Dispute Resolution). Except as provided in Section VIII.F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you, Gertrúd Windberg and https://www.windberge.com/. Judgment on the award may be entered in any court with jurisdiction.

 

E. Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement. If you are a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and Gertrúd Windberg and https://www.windberge.com/ will pay the difference on your behalf.

 

F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section VIII.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

 

G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding Section VIII.I). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to wgertrud@gmail.com entitled as ´dispute resolution´ with your name, the email address for your account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither Gertrúd Windberg and https://www.windberge.com/ nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.

 

H. Changes to the Arbitration Agreement. Gertrúd Windberg and https://www.windberge.com/ will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing to wgertrud@gmail.com entitled as ´Arbitration Agreement Rejection´ within 30 days after you receive notice, including your name, email address associated with your account. Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you, Gertrúd Windberg and https://www.windberge.com/, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.

 

I. Choice of Law and Forum. Gertrúd Windberg and https://www.windberge.com/ is based in Sundbyberg, Sweden, so if there are claims between you, Gertrúd Windberg and https://www.windberge.com/ that aren’t subject to arbitration, you, Gertrúd Windberg and https://www.windberge.com/ each agree to litigate those claims exclusively in state or federal court in New York County, New York, and to submit to the personal jurisdiction of those courts. The exception is if you file in small claims court–you can do that in the county of your residence. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by New York law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section VIII.I will continue to apply even if you validly opt out of arbitration under Section VIII.G.

 

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IX. Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

 

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X. Some Final Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you, Gertrúd Windberg and https://www.windberge.com/ regarding the Services. Except as provided in Section VIII, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

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XI. Contact Information

If you have any questions about the Terms, please email us at wgertrud@gmail.com and please remember to denote the mail either as ´Term of Use concerns´ or ´Legal concerns´.

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Published 2024.05

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