Terms of service
Last updated: August 2, 2026
1. INTRODUCTION
Welcome to Nordvyn ("Company," "we," "us," or "our").
Nordvyn operates this website and online store, including all related content, information, tools, products and services (collectively, the "Services"). The Services are hosted and powered by Shopify Inc.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Nordvyn and govern your access to and use of the Services, as well as the purchase and use of any products offered through the Services.
BY ACCESSING, USING, OR PURCHASING FROM THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER SET FORTH BELOW, AND YOU CONFIRM THAT YOU HAVE READ THE PRODUCT SAFETY SECTIONS BELOW, INCLUDING THE SECTION ON USE IN VEHICLES.
If you do not agree to these Terms, do not use the Services.
2. TRADE NAME / LEGAL ENTITY
Nordvyn is a trade name operated by:
Jakob Leuchtweis
Sole Proprietor (Einzelunternehmer), Germany
Neuhauser Straße 7a
78576 Emmingen-Liptingen
Germany
VAT ID: DE455626802
References to "Nordvyn," "Company," "we," "us," or "our" refer to this legal operator.
3. ELIGIBILITY
By using the Services, you represent and warrant that:
You are at least 18 years old
You have the legal capacity to enter into a binding agreement
All information you provide is accurate and current
Purchases are for personal, non-commercial use only, unless expressly authorized in writing by Nordvyn
We reserve the right to refuse service, cancel orders, or terminate access for violations of these Terms.
You are responsible for all activity conducted under your account.
4. PRODUCT CATEGORY AND INTENDED USE
The Nordvyn OpenAir Cushion is a passive, non-electric seat cushion for adult use. It is made of a TPE (thermoplastic elastomer) gel formed into an open hexagonal honeycomb structure with vertical cell walls and a ribbed perimeter skirt, measuring approximately 16.5 x 13.8 x 2 inches and weighing approximately 2.6 to 4.9 pounds. It is placed loose on top of a chair, car seat or other seat that you already own. Certain variants include a removable knit fabric cover.
The product:
Is a general consumer home furnishing and comfort product
Contains no electronics, no heating or cooling elements, no batteries, no cables and no moving mechanical parts. It operates purely passively and generates no active heating or cooling of any kind
Is intended for indoor use and for use by one adult at a time, sitting normally on a stable seat, consistent with the information provided with the product
Is NOT a medical, clinical, therapy, mobility, wheelchair, care-setting or patient-positioning product, and is not intended for use in any such setting
Is NOT a child restraint system, a booster seat, a child positioning device or any other child safety device, and must never be used as one or with one
Is NOT a children's toy, an infant product, a sleep surface, a mattress, a mattress topper, a pet product, a flotation device, a step, a kneeler or a floor mat
Is NOT crash-tested and is not certified to any Federal Motor Vehicle Safety Standard
You agree to use the product only for its intended purpose and in accordance with these Terms and the information provided with the product.
5. NO MEDICAL OR HEALTH CLAIMS
The Nordvyn OpenAir Cushion is a general consumer comfort product. Descriptions of the material, the honeycomb structure, airflow through the open cells, firmness, softness, or how the gel behaves under load describe the physical properties and construction of an object. They are not health, medical or clinical claims of any kind.
The product is:
NOT a medical device, and it has not been evaluated, reviewed, cleared or approved by the U.S. Food and Drug Administration
NOT intended for any medical, clinical or health purpose, and NOT intended for use in the diagnosis, mitigation or prevention of any disease, disorder, symptom or condition
NOT intended for use in hospitals, clinics, care homes, rehabilitation settings, wheelchairs or any other care or mobility context
NOT a substitute for professional advice of any kind
We make no representation that the product will produce any particular result for any individual. Nothing on the Services, in our advertising, in customer reviews, in creator content or in any other material we publish should be read as a health, medical or clinical claim, and no such claim is made or intended. If any statement anywhere on the Services could be read as one, it is expressly disclaimed here and this section controls.
If you have any concern about your health or about whether a seating product is suitable for you, consult an appropriately qualified professional. Do not rely on this product, and do not delay or replace professional advice or care, on the basis of anything stated on the Services.
6. USE IN VEHICLES
READ THIS SECTION BEFORE USING THE PRODUCT IN ANY MOTOR VEHICLE.
The product is not a vehicle safety component. It is not crash-tested, is not certified to any Federal Motor Vehicle Safety Standard, and is not designed to remain in position during a collision, hard braking or a sudden manoeuvre. In a collision, an unsecured object on a vehicle seat can move or become a projectile.
You must observe all of the following:
Never use the product as, with, under, over or in place of a child restraint system, booster seat or any child safety device, and never use it to raise or reposition a child in a vehicle. Child restraints must be installed exactly as the restraint manufacturer and the vehicle manufacturer direct, directly against the vehicle seat, with nothing placed underneath or between.
Many vehicles fit occupant detection, weight classification or seat sensor systems that determine whether and how an airbag deploys. Placing an object on a vehicle seat can affect the readings those systems rely on and can cause an occupant to be classified incorrectly. Do not use the product on any seat fitted with such a system where it may interfere with its operation. Consult your vehicle owner's manual and, if you are unsure, your vehicle manufacturer or dealer, before use.
Do not use the product if it changes the way the seat belt sits or functions as the vehicle manufacturer intends, if it prevents the belt from being worn correctly, or if it introduces slack in the belt.
Do not use the product if it changes your seating position in a way that affects safe control of the vehicle, including reach to the pedals or the steering wheel, visibility of the road, mirrors or instruments, head clearance, or the distance to the steering wheel that your vehicle manufacturer recommends.
Do not use the product on a seat while the seat heater is switched on, and do not leave it in a parked vehicle in direct sunlight or in high heat. The gel is a thermoplastic material and can soften, deform or become uncomfortably hot.
Do not use the product on a seat where it slides, tips, compresses unevenly or does not sit flat and stable.
Never place the product where it can interfere with the operation of any vehicle control, pedal, seat mechanism or airbag.
The driver is at all times solely responsible for the safe operation of the vehicle and for the safety of all occupants. Your vehicle manufacturer's instructions take precedence over anything stated here or anywhere else on the Services. If your vehicle manufacturer advises against aftermarket seat accessories, follow that advice.
If you are in any doubt, do not use the product in a vehicle. It works perfectly well on a chair.
7. GENERAL USE, PLACEMENT AND SAFETY
To reduce the risk of injury or property damage, you must observe the following:
Placement and stability
Place the product flat and squarely on a stable, level seat where it cannot slide, tip or fall
Check that it is stable and does not shift before you sit
Take particular care with rolling office chairs, chairs with sloped or contoured seats, stools, bar stools, benches, folding chairs and any seat without a back
Do not use the product on a wet, slippery or unstable surface
Use
The product is intended for one adult at a time, seated normally
Do not stand, kneel, step, jump or climb on the product, and do not use it as a step, stool, ladder, kneeler or floor mat
Do not stack multiple cushions on one seat
Do not use the product on stairs, on elevated surfaces, or anywhere a fall is possible
Do not use the product in the bath, in water or as a flotation device
Do not sit on the product for extended periods without moving, and get up and move regularly, as you would with any seat
Condition and inspection
Inspect the product regularly for splits, tears, punctures, leaking or weeping gel, detached sections, and loss of stability
Stop using the product immediately, and keep it away from children and pets, if the gel is split, punctured, leaking or shedding fragments, or if the product otherwise appears unsafe
Do not attempt to repair, cut, reshape, drill, glue or otherwise modify the product
8. CHILDREN, INFANTS AND PETS
The product is not a toy and is not intended for children.
Keep the product away from infants and young children. Never place an infant or child on or under the product, never use it as or with a sleep surface, and never use it for infant positioning. Soft objects placed on or near a sleep surface present a suffocation risk.
Never use the product as, with or in place of a child car seat, booster seat or other child restraint. See the Use in Vehicles section above.
Keep the product away from pets that chew, bite or claw. Claws and teeth can puncture or tear the gel.
Gel fragments, torn pieces and cover components present a choking and ingestion hazard for children and animals. If you suspect a child has swallowed any part of the product, seek medical advice immediately. If you suspect a pet has, contact a veterinarian promptly.
9. HEAT, COLD AND FLAME
The gel is a thermoplastic material. Its properties change with temperature.
Do not microwave the product, heat it in any way, place it in an oven, or attempt to warm it
Do not freeze the product or place it in a freezer or refrigerator
Do not place or store the product on or near radiators, heaters, heated seats, heated floors, stoves, lamps or any other heat source
Do not expose the product to open flame, cigarettes, candles or other ignition sources
Do not leave the product in direct sunlight for prolonged periods, or in a parked vehicle in hot weather
Do not use the product on a seat while the seat heater is switched on
Exposure to heat can cause the gel to soften, deform, become tacky or lose its structure permanently. Exposure to cold can make it stiff and firm until it returns to room temperature. Damage caused by temperature exposure is not a manufacturing defect.
The fabric cover is not flame-resistant and is not treated with flame retardant. Keep it away from ignition sources.
10. SURFACE CONTACT AND STAINING
Prolonged contact between the gel and other materials can cause discolouration, marking, softening or transfer, particularly on leather, faux leather, vinyl, suede, painted, varnished, lacquered, waxed or light-coloured surfaces, and particularly in heat.
Before extended use, test the product on a small, inconspicuous area of the seat and check it after 24 hours. Use the fabric cover where one is available. Lift the product periodically and inspect both the product and the surface underneath.
We are not responsible for discolouration, marking, staining, transfer, indentation, wear or any other damage to furniture, chairs, upholstery, leather, vehicle interiors, floors or any other property arising from use of the product.
11. CARE AND CLEANING
Proper care preserves the gel and the cover. You are responsible for following the care information provided with the product and on the cover's care label.
The gel cushion
Clean by wiping with a soft cloth, warm water and a small amount of mild dish soap, then rinse the cloth and wipe again, then air dry fully at room temperature before use
Do not machine wash the gel cushion, do not put it in a tumble dryer, and do not dry it with a hairdryer, on a radiator or in direct sun
Do not use bleach, solvents, acetone, alcohol, ammonia, oil-based cleaners, abrasive pads or abrasive powders
Do not iron, steam or apply heat of any kind
Store flat, at room temperature, out of direct sunlight, and do not store it folded, rolled, compressed or under heavy objects
The fabric cover
Follow the care label sewn into the cover. Where the label and this section differ, the label controls
Do not bleach and do not use fabric softener
Do not tumble dry on high heat and do not iron at high temperature
Wash the cover separately from items with zips, hooks or velcro
Damage caused by failure to follow the care instructions, including damage from heat, solvents, machine washing or tumble drying the gel, or from washing or drying the cover contrary to its label, is considered misuse and is not a manufacturing defect.
12. PRODUCT MATERIALS AND LABELING
The cushion body is a TPE (thermoplastic elastomer) gel. It contains no latex and no down or feather filling.
Where a cover is included, it is a knit fabric sold in this product category under the trade style "ice silk." "Ice silk" is a fabric style name, not a fiber name. The cover is understood to be made of synthetic fiber, believed to be polyester [TO CONFIRM WITH SUPPLIER], and does not contain silk fiber unless its label states otherwise.
The fiber content, country of origin and care information stated on the product's own label and packaging are the authoritative statement of what the product is made of, and they control over any description elsewhere on the Services.
If you have a known sensitivity or allergy to any synthetic material, review the product label before use and discontinue use if any skin reaction occurs.
13. PRODUCT SAFETY AND COMPLIANCE
This product is a consumer product sourced from third-party manufacturers. We require our manufacturing partners to supply products that comply with applicable U.S. consumer product safety and labeling requirements, including the Consumer Product Safety Act and other applicable U.S. requirements for general-use consumer products.
Any certifications, test reports, compliance documentation or safety representations relating to the gel, the fabric, dyes, coatings, adhesives or construction of the product originate from the supplier or manufacturer and are supplier representations only. They are not independent compliance attestations made by Nordvyn.
No representation or warranty is made by Nordvyn that the product meets all applicable safety or labeling standards under all conditions of use. Dimensions, weight, colour, translucency and firmness are nominal and vary between production batches and within manufacturing tolerances.
CALIFORNIA PROPOSITION 65 WARNING: This product can expose you to chemicals including DINP (diisononyl phthalate), which is known to the State of California to cause cancer. This warning is provided on a precautionary basis with respect to the flexible plastic and textile components of the product. For more information go to www.P65Warnings.ca.gov.
14. ASSUMPTION OF RISK
You voluntarily assume all risks associated with the use or misuse of the product, including but not limited to:
Slips, falls, tipping or loss of balance arising from the product moving, sliding, compressing unevenly or being placed on an unsuitable seat
Any consequence of using the product in a motor vehicle, including any effect on seat belt fit, occupant detection or airbag systems, seating position, vehicle control or visibility, and any consequence of the product moving in a collision or sudden manoeuvre
Injury to a child or infant arising from use of the product contrary to these Terms
Ingestion of gel, gel fragments or cover components by a child or an animal, and any resulting illness or injury
Skin irritation, sensitivity or allergic reaction to the gel, the fabric, dyes or finishes
Deformation, softening, leaking or failure of the product caused by heat, cold, sunlight, seat heaters or other temperature exposure
Discolouration, staining, marking or other damage to furniture, upholstery, leather, vehicle interiors, floors or other property
Any injury, loss or damage arising from misuse, improper placement, improper cleaning, modification of the product, failure to inspect, or failure to discontinue use upon observing any problem
Reliance on the product for any purpose it is not sold for, contrary to the No Medical or Health Claims section above
Your purchase and use of this product constitutes your voluntary assumption of these risks.
15. PRODUCT PRESENTATION DISCLAIMER
Product images, videos, illustrations, descriptions, specifications, testimonials and marketing materials are for illustrative purposes only.
Some product imagery on the Services is digitally created, rendered, retouched or computer-generated, including imagery produced with the assistance of generative tools. Such imagery is intended to represent the product accurately but is not a photograph of the unit you will receive.
Actual product appearance may vary. The gel is a translucent material and its colour tone, clarity, cell definition and firmness differ between production batches and under different lighting. Colour may also differ between screens. Stated dimensions and weights are approximate and subject to manufacturing tolerance.
Testimonials and reviews reflect individual experiences and do not represent typical results. No representation is made that any testimonial outcome is typical or achievable for any individual, and no comfort, performance or durability outcome is implied or guaranteed.
We reserve the right to modify or discontinue products at any time without notice.
16. REVIEWS, RATINGS AND ENDORSEMENTS
Aggregate star ratings and review counts displayed on the Services reflect reviews collected for this product across the manufacturer's and its distributors' sales channels. They are not limited to reviews from purchases made at this store, and they should not be understood as a count of Nordvyn's own customers.
Individual reviews and testimonials reflect the experience of the individual who wrote them. They are not typical results and they are not a promise of any outcome for you.
Where we publish content created by a customer, a creator or an affiliate who received the product free of charge, a payment, a discount, a commission or any other benefit, that material connection is disclosed in or alongside the content.
We do not create, buy, sell or solicit fake reviews. We do not offer or provide compensation conditioned on a review being positive or expressing any particular sentiment. We do not suppress or remove reviews because they are negative, and we do not misrepresent any review as being independent of Nordvyn when it is not.
If you believe any review, rating or endorsement on the Services is inaccurate or misleading, tell us at support@trynordvyn.com and we will investigate.
17. ORDERS, PRICING AND BILLING
All orders constitute an offer to purchase and may be accepted or rejected at our discretion.
Prices are in U.S. dollars. Any applicable sales tax is calculated and shown at checkout. Shipping is free on U.S. orders, so no shipping charge is added. There are no handling fees, service fees or other mandatory charges added after the price you see.
Orders generally cannot be modified or cancelled once placed.
You authorize us to charge your selected payment method for all amounts due.
We make reasonable efforts to ensure pricing and product information is accurate. In the event of a manifest pricing or description error, we reserve the right to cancel any affected order and issue a full refund, whether or not the order has been confirmed.
We reserve the right to cancel orders suspected of fraud, abuse or unauthorized resale.
18. SHIPPING AND INTERNATIONAL FULFILLMENT
Orders ship directly from international fulfillment partners, primarily located in China, to the customer in the United States. Goods do not transit through Germany at any point.
Nordvyn does not maintain warehousing, retail or fulfillment operations in either the United States or Germany.
You acknowledge that:
Delivery times are estimates, not guarantees
Delays due to customs or carriers may occur
Accurate shipping information is your responsibility
Orders marked as delivered by the carrier are considered fulfilled
Full terms are set out in our Shipping Policy, which forms part of these Terms.
19. RETURNS AND PAYMENT DISPUTES
Refunds are governed by our Refund Policy, including the 30-Day Sit-and-See Promise. Under that Policy no return is required and no return shipping is ever charged to you.
We reserve the right to contest improper chargebacks or abusive dispute behaviour.
Customers engaging in excessive or fraudulent disputes may be refused future service.
20. USER CONTENT LICENSE
By submitting reviews, images, videos, comments or other content to us or to our social channels, or by tagging us in content, you grant Nordvyn a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, adapt, publish and display that content for marketing, promotional and business purposes, in any medium.
You represent and warrant that you own or control all rights in the content you submit, that it does not infringe any third party's rights, and that any person appearing in it has consented to its use as described here.
You consent to the use of your name, likeness, voice and social handle in connection with that content.
If you have received any product, payment, discount, commission or other benefit from us in connection with content you post, you must clearly and conspicuously disclose that connection in the content itself, in accordance with the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising.
We may remove or decline to use any content at our discretion.
21. INTELLECTUAL PROPERTY
All content on the Services, including text, graphics, images, logos, page layouts and the marks "Nordvyn" and "OpenAir Honeycomb," is owned by Nordvyn or its licensors and protected by intellectual property laws.
Unauthorized use is prohibited.
Nordvyn is an independent brand. We are not affiliated with, sponsored by, endorsed by, or connected to any other seating, cushion, bedding or furniture brand or manufacturer. Any third-party name or mark referred to anywhere on the Services is the property of its respective owner and is used, if at all, only for identification or comparison.
22. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No written product warranty is offered on this product at this time. We make no guarantee as to the lifespan, durability, retention of shape or continued performance of the product over time. Nothing on the Services, in our advertising or in these Terms constitutes a warranty of durability or of any specific service life. The 30-Day Sit-and-See Promise is a satisfaction refund guarantee and is not a warranty.
Some states do not allow the exclusion of implied warranties, or limit how long an implied warranty lasts. In those states, the exclusions above apply only to the extent permitted, and any implied warranty is limited to the shortest period permitted by law. Nothing in this section limits or excludes any warranty or other right that cannot be limited or excluded under applicable law, and this section does not affect your rights under our Refund Policy.
23. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR
USD $100
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR LOSS OF USE, ARISING FROM USE OR MISUSE OF THE PRODUCT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations and exclusions in this section do not apply to, and nothing in these Terms excludes or limits, liability for death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions our liability is limited to the greatest extent permitted by law.
24. INDEMNIFICATION
You agree to indemnify, defend and hold Nordvyn harmless from any claims, damages, liabilities, losses and expenses, including reasonable legal fees, arising from your misuse of the product, your breach of these Terms, your violation of any law, or content you submit to us.
25. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or any other proceeding, you and Nordvyn agree to attempt in good faith to resolve the dispute informally for at least 60 days.
To begin, you must send an individualized written Notice of Dispute to support@trynordvyn.com containing: your full name; the email address and shipping address associated with your order; your order number; a description of the nature and basis of the claim, specific to you; the relief you are seeking and how you calculated it; and your personal signature or that of your authorized representative.
A notice submitted on behalf of multiple people, or a form notice that does not contain the individualized information above, does not satisfy this requirement and does not start the 60-day period.
If you are represented by counsel, your counsel may submit the Notice on your behalf, but it must still be individualized and personally signed by you.
The 60-day period runs from our receipt of a complete Notice. During that period, either party may request an individualized telephone or video settlement conference, and both parties agree to participate in good faith. The statute of limitations and any filing-fee deadlines are tolled while the parties engage in this process.
Completion of this process is a condition precedent to commencing arbitration. A court or arbitrator may enjoin the filing or prosecution of an arbitration that is commenced without it.
26. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Agreement to arbitrate. Except as set out below, any dispute, claim or controversy arising out of or relating to these Terms, the Services, any product, or any advertising or marketing relating to them, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this section.
Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court has exclusive authority to decide the enforceability of the Class Action Waiver below.
Individual basis only. Arbitration shall be conducted on an individual basis. You and Nordvyn each waive any right to bring or participate in a class, collective, consolidated, coordinated, private attorney general or other representative proceeding, whether in arbitration or in court. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request for relief shall be severed and heard in court, and the remainder shall proceed in arbitration.
Jury trial waiver. YOU AND NORDVYN EACH WAIVE ANY RIGHT TO A JURY TRIAL ON ANY CLAIM SUBJECT TO THIS SECTION.
Mass filings. If 25 or more similar demands for arbitration are filed against Nordvyn by or with the assistance of the same law firm or coordinated group of counsel, the demands shall be administered in staged batches of no more than 50, each batch heard by a single arbitrator, with only the first batch proceeding until it is resolved. The parties shall cooperate in good faith with the administrator to implement this process, and all applicable limitation periods and deadlines are tolled for demands held in later batches. Either party may seek a court order enforcing this paragraph.
Exceptions. Either party may bring an individual claim in a small claims court with jurisdiction, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights. Nothing in this section prevents you from reporting a matter to a government agency.
Procedure. Arbitration may be conducted by telephone, video conference or on written submissions, or, if an in-person hearing is required, in New York, New York, or in the county of your residence at your election. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. AAA's rules govern the payment of filing and administrative fees.
Opt-out. You may opt out of this arbitration agreement, the class action waiver and the jury trial waiver by emailing support@trynordvyn.com within 30 days of your first purchase, with the subject line "Arbitration Opt-Out," stating your full name, the email address used at checkout and your order number. Opting out has no effect on any other part of these Terms and will not affect your relationship with us in any way.
Survival. This section survives termination of these Terms and any closure of your account.
27. GOVERNING LAW
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, and without depriving consumers of mandatory rights under applicable consumer protection laws, including those of their state of residence.
Subject to the Arbitration Agreement above, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of those courts. This does not deprive you of any right to bring a claim in the courts of your state of residence where applicable law gives you that right.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
28. ELECTRONIC COMMUNICATIONS AND MARKETING
You consent to receive communications from us electronically, including transactional emails relating to your order. You agree that electronic communications, agreements and notices satisfy any legal requirement that such communications be in writing, consistent with the U.S. Electronic Signatures in Global and National Commerce Act.
Email marketing. If you sign up for marketing emails, you may unsubscribe at any time using the link in any marketing email or by emailing support@trynordvyn.com. Transactional emails about an order you have placed are not marketing and continue regardless.
SMS marketing. If we offer SMS marketing and you opt in, you give your express written consent to receive recurring automated marketing text messages from Nordvyn at the number you provide. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, and HELP for help. You may also opt out by emailing support@trynordvyn.com. You represent that the number you provide is your own and that you will tell us if it changes or is reassigned.
29. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, pandemics, war, civil disturbance, labor disruptions, carrier failure, customs or regulatory action, supply chain disruption, utility or internet failure, or acts of government.
30. CHANGES TO THESE TERMS
We may update these Terms from time to time. The updated version takes effect when posted, with an updated "Last updated" date, and applies to orders placed after that date.
If we make a material change to the Arbitration Agreement in section 26, we will provide notice, and the change will not apply to any dispute of which we had actual notice before the change was posted. If you do not agree to a material change, you may reject it by emailing support@trynordvyn.com within 30 days of the change, in which case the version in effect immediately before the change continues to govern between you and us.
Your continued use of the Services after an update constitutes acceptance of the updated Terms.
31. GENERAL
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.
Our failure to enforce any provision is not a waiver of it.
You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
These Terms, together with the Refund Policy, Shipping Policy and Privacy Policy, constitute the entire agreement between you and Nordvyn and supersede any prior understanding.
Provisions that by their nature should survive termination, including sections 5 through 16 and 19 through 31, survive.
32. CONTACT INFORMATION
Nordvyn
Jakob Leuchtweis
Neuhauser Straße 7a
78576 Emmingen-Liptingen
Germany
Email: support@trynordvyn.com
VAT ID: DE455626802