Terms and Conditions

Welcome to Hobbii.

PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (hobbii.com and all other hobbii domains) OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATE BY REFERENCE. DO NOT USE OUR WEBSITE OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

1. General Information

These Terms apply to all sales and/or contracts concluded between the end customer (“you”) and Hobbii Inc., its parent corporation, Hobbii A/S, and all affiliated companies (“us”, “we”, “Hobbi”).

All content included on the website (text, images, graphics, and other material) is owned by Hobbii or its suppliers or licensors and protected by international copyright laws.

2. Privacy Policy

Our Terms include our privacy policy. You can find all information about how your provided data is handled here.

3. Use of Our Website

In order to make use of the services provided on our website, you have to be contractually capable. If you are under the age of majority or are not contractually capable, a parent or legal guardian needs to place an order for you. By using our website and agreeing to our Terms, you affirm that you have the authority to enter into a legally binding agreement with us.

4. Available Services

Besides the purchase of products related to crafting with yarn and fabrics, we also offer downloadable content, both free and for purchase. Additionally, you can create your own account, and have the possibility of upgrading your regular account with our Hobbii Plus subscription service.

You can find our membership conditions here, terms and conditions for our Hobbii Plus subscriptions can be found here.

5. Product Information

On our website, you will be able to find basic information about all our products and services. If you have any questions, you can contact us either by using our contact form or by sending an email to [email protected].

6. Prices

All prices are daily rates and are only valid at the time of finalizing your order. Prices are regulated on an ongoing basis - often from day to day. Provided that Hobbii accepts and confirms the order, you will be invoiced the specific daily rate that you agreed to by placing your order and accepting our Terms. All prices are in USD.

Shipping fees will be charged separately and are not part of the product price. Prices displayed on the product page are excluding local sales taxes. These will first be estimated in the final step of checkout. The final sales tax rate will be determined upon dispatch of your order. If the final sales tax rate was higher than the original estimate stated in your order confirmation, Hobbii Inc. will cover the difference.

All orders are being shipped from our warehouse in Denmark. This means that all parcels can be subject to customs and handling fees. Kindly note that Hobbii does not cover these charges, and you as the customer are therefore responsible for paying these. If you refuse to accept these charges, our regular return policy applies.

7. Ordering

The presentation of an item and price on hobbii.com is not a binding offer, but simply a prompt to make an offer. Your placement of an order on our website does not create the binding confirmation, it only generates a request for Hobbii to acquire the item on the stated terms and conditions. A binding agreement between you and Hobbii has not been made until we have accepted your offer by issuing a confirmation that the order has been processed and is ready for shipment.

We reserve the right to refuse an offer after your order has been placed, especially in the case of products not being available. A binding agreement is not concluded in this case. We will of course inform you in such a case and cancel your payment for the affected products.

Please always double check the information you have entered at checkout. If your order does not arrive due to wrong delivery information, Hobbii will not cover additional costs for reshipping your order.

8. Payment

The payment is due when the order has been placed. You can choose between paying with PayPal, or Stripe which allows you to pay via Visa or Mastercard.

The payment information entered at checkout will be encrypted (SSL) and transmitted directly to the corresponding payment provider, and will only readable by you and the provider. Nobody else will be able to access or save your data.

Invoices will only be sent to you via email.

We own all products until you have paid for the order in full. If you refuse to pay or delay the payment by more than ten (10) days, we reserve the right to cancel the order and demand the return of any shipped products.

9. Vouchers and Gift Cards

We may occasionally have giveaways for vouchers, such as when you sign up for our newsletter. The winner will be notified directly via the email address that was provided to us. The expiration dates for these vouchers and gift cards vary.

10. Cancellation Rights and Return Policy

If you wish to cancel your order before the order has been dispatched, please access your “My Hobbii” account. If there is no button that lets you cancel your order, please contact our customer service immediately. Our team will then check the status of your order. If our warehouse has already started processing your order, a cancellation will no longer be possible before shipment.

In addition, you may return product within three (3) months of the date of purchase. In order to qualify for a refund of the purchase price, items must be presentable and suitable for resale. They have to be unused and complete; packaging needs to be undamaged; accessories have to be unscratched, and yarn labels have to be intact and on the yarn. Yarn that you have used for testing purposes cannot be returned, as this yarn no longer qualifies as unused.

If returned items deviate from the above stated conditions, we reserve the right to withhold any requested refund.

Before you send back your items, please contact our customer service, as the processing of your return may otherwise be delayed. Hobbii does not cover the cost of returns. Products returned without postage or COD will not be accepted. Please use a mail service that ideally offers tracking of your parcel. Package the items properly and in a secure manner and include

the invoice or packing slip.

Items are to be returned to the following address:

Hobbii

Kildebrøndevej 42

DK-2670 Greve

Denmark

Digital content cannot be returned.

The statutory right of withdrawal and the statutory claims for defects remain unaffected by this right of return

11. Acceptable Use Policy

We have established the following rules of use for our website. You agree not to:

post any content that is unlawful, harmful, fraudulent, inaccurate, threatening, libelous, defamatory, abusive, harassing, obscene, profane, vulgar, sexually offensive, hate speech, or racially, ethnically, or ethically objectionable
post any content that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, national, or international law
violate any third-party rights, including third party intellectual property rights (including copyright, such as removing proprietary notices or labels on this website of the Content (as defined below) or privacy rights
post any content for commercial purposes, including advertising, promotions, junk mail or spam
post any content or comments relating to our competitors or competitors’ products
commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects on the website and/or the web server(s) hosting the website or other websites owned by us
frame, mirror, scrape or data-mine the website or any of its content in any form or by any means
post, upload or otherwise transmit through the website any viruses or other harmful, disruptive or destructive files
collect data, including individuals’ personal information (as defined in our Privacy Policy, from the website for unsolicited marketing purposes or other commercial purposes
disclose a password, permit a third party to use a password, or fail to notify us if a password is compromised
impersonate or misrepresent your affiliation with any person or entity; and/or
encourage or enable any other individual to do any of the foregoing.

Hobbii, in its sole discretion, reserves the right to review, edit and/or remove any information you post, display or place on the website and/or the web server(s) hosting the website and other websites owned by us. Misuse of the website may result in civil and/or criminal liability. We have the right to immediately terminate the access of any user who misuses the website or violates the Terms.

12. Our Content

Except for public domain material, all content (including Submissions, as defined below) and material on and/or forming part of our website from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Hobbii or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

13. User Submissions

Our website allows you to submit content to us, such as through posting reviews or uploading patterns. By providing, posting, uploading, inputting or submitting materials, content, blogs, comments, postings, messages, feedback, ideas, stories, photographs, diagrams, patterns, data or other information (the “Submissions”) on the website, you warrant and represent that you own or otherwise control all of the rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions on the website.

Except for patterns designed by you, you hereby grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. You shall provide waivers in our favor with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. You also hereby authorize any other user of the website to copy, access, display, view, store and reproduce your Submissions for personal use.

14. Trademarks

The trademarks, service marks or logos displayed on and/or used in connection with this website, including but not limited to “HOBBII”, “RAINBOW” and “FRIENDS” (collectively, the “Marks”) are either registered or unregistered trademarks of Hobbii or of our licensors. Nothing in these Terms should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website.

15. Disclaimer and Force Majeure

Hobbii is not liable for any direct or indirect loss incurred due to the late delivery of items, or the ordered items being faulty, if the delay or faults are attributed to the actions or omissions of the customers or conditions out of Hobbii’s control, e.g., war, uprisings, riots, fire, government interventions, pandemic, sequestration, currency restrictions, and forms of labour disputes including strikes and lockouts, etc.

16. No Warranties

This website, the products and services it offers, and the Content are provided by Hobbii on an “as is” and “as available” basis only and without warranties of any kind either express or implied. To the maximum extent permissible under the law, and without limiting the foregoing, Hobbii expressly disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of intellectual property and other proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance (each a “Force Majeure”).

Hobbii does not warrant that the website, the products or services it offers, or any Content will be uninterrupted or error-free, that defects will be corrected or that the website or the web server hosting the website will be free of viruses or other harmful components. If you download Content from the website, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. No advice or information obtained by you from the website shall create any warranty of any kind. In no event will Hobbii be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the website. Hobbii does not monitor all activity occurring on the website, but reserves the right to do so.

17. Limitation of Liability

To the maximum extent permitted by law and without limiting the foregoing, Hobbii and its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, shall not be liable to you or any other party for any damages of any kind arising from your use of the website, the products and services it offers, any linked sites, or your reliance on any content.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages, and includes loss of profits, business interruption, cost of substitute products or services, loss of programs or other data on your information handling system or otherwise, even if Hobbii is expressly advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

If you are dissatisfied with any portion of the website or services, or with these Terms or any other policy applicable to the website or services, your sole and exclusive remedy is to discontinue using the website and services.

18. Indemnification

You agree to defend, indemnify and hold harmless Hobbii, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Hobbii.

19. General

Access to this website is not permitted where prohibited by law. If you choose to access and/or use the website, you do so on your own initiative and are responsible for compliance with these Terms and all applicable laws.

These Terms and your use of the website shall be governed by the laws of the state of California, and any dispute arising therefrom shall be resolved by the court in Sacramento County, California having jurisdiction therefore.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on this website, including without limitation the right to block access from a particular internet address.

If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. The Terms, including our Privacy Policy and any other terms and conditions applicable to your use of the website (e.g. Return Policy, Shipping, etc.) constitute the entire agreement between you and Hobbii in connection with your use of the website and the products and services it offers.

Your use of the website is not intended and shall not be deemed to create any agency, joint venture, or other legal relationship of any kind between you and us other than that of independent contractors.

20. Termination

We may, in our sole discretion, terminate or suspend your access to all or part of this website and its Content for any reason, including, without limitation, your breach of these Terms. We have absolute discretion to determine if any use violates these Terms and to take action as we deem appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, or make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Terms and Conditions

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