General Terms and Conditions
General
The brand “YourDyno” is wholly owned brand by Fonneland Engineering AS (“Seller”). These terms and conditions (“Terms”) apply to the use of the YourDyno website and the sale and use of YourDyno products. By using the website and/or purchasing YourDyno products, you agree to be bound by these Terms. Seller reserves the right to amend these Terms at any time, without notice. Any such amendment will be effective immediately upon posting on the website. Your continued use of the website and/or purchase of and use of products constitutes acceptance of any amended Terms.
Products and Services
YourDyno products are shipped from our warehouse located in Norway, except water brakes, which are shipped from the United States. Our software is downloadable upon purchase. We aim to deliver our products within a reasonable timeframe, but we are not liable for any delays caused by factors outside of our control.
Liability and Warranty
YourDyno products are sold with a 1-year warranty for manufacturing defects, except water brakes whose warranty is covered in a separate document.
Limitation of Liability
IN NO EVENT SHALL SELLER OR ANY OF ITS AFFILIATES OR SUBSIDIARIES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE UNDER THIS WARRANTY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, ENHANCED, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS WARRANTY, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID TO BY YOU TO SELLER FOR THE PRODUCT THAT IS THE SUBJECT OF THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU ASSUME RESPONSIBILITY FOR PERSONAL INJURY AND PROPERTY DAMAGES RESULTING FROM THE HANDLING, POSSESSION OR USE OF THE PRODUCTS.
Updates and Maintenance
Seller regularly updates the software to improve its functionality and compatibility with the hardware components. Customers who choose to install updates must ensure that the latest update is compatible with their setup. Seller shall not be liable for any damages resulting from the installation of updates or from any errors in the software or hardware.
Privacy and Data Collection
Seller collects personal data, including but not limited to name, address, email address, and payment information, for the purpose of identifying customers, providing customer support, billing customers, and processing any claims between the parties. Seller complies with the General Data Protection Regulation (GDPR) and will not share personal data with third parties except as required by law.
Payment
Pre-payment is required for products and services, unless otherwise agreed in writing between the parties. The Seller reserves the right to suspend delivery or performance of services if payment is not received within the agreed deadline. The Seller also has the right to recover any costs and expenses incurred in connection with the collection of overdue amounts.
Miscellaneous
These Terms and Conditions constitute the entire agreement between you and Seller with respect to the use of the website and the sale of products. Any failure by Seller to enforce any provision of these Terms shall not be construed as a waiver of such provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In cases where these Terms and Conditions do not regulate a specific matter, the relevant Norwegian background law shall be applied.
Re-export
Re-export of YourDyno parts to an EU sectioned country is strictly forbidden.
Governing Law and Jurisdiction
These Terms and the purchase of our products and software shall be governed by Norwegian law.
Any disputes arising out of or in connection with these Terms or the products and software
mentioned in these Terms, shall be resolved exclusively by Oslo district court (Oslo tingrett), with
Norwegian law as the applicable law.
