Last updated: December 19, 2024

These Terms of Service govern your usage and purchases made on the “GX.gear” website operated by Opera Software Americas LLC, 220 South Sixth Street, Suite 300, Minneapolis, MN 55402, USA, Email support: gx.gear@support.opera.com, EIN: 46-1659629 (“Opera” and “we”, “us” and “our”). The “GX.gear” is an online store, where you can shop for goods offered by Opera and it is made available only to users in qualifying countries.

1. Acceptance of Terms of Service. By visiting “GX.gear” website and/or placing an order, you accept these Terms of Service (“Terms”) and confirm that you are acting solely for private purposes. Please read this document carefully before placing an order.
2. Eligibility. To use “GX.gear” store, you must be at least 18 years old and have full legal capacity. If you are not 18 years old and/or you don’t have a full legal capacity, you must have your parent or legal guardian’s permission to use our store. Please have your parent or legal guardian read these Terms with you. If you are a parent or legal guardian, and you allow your charge to use the “GX.gear” then these Terms apply to you and you are responsible for use of the “GX.gear” by your charge. Our products are intended for sale to adults. Opera has no liability to you for content on GX.gear, that you find to be offensive, indecent, or objectionable.
3. Placing an order. You do not need a customer account to submit an order. However, we offer you a possibility to create such a customer account, which allows you to access some information regarding your purchases and to manage your use of “GX.gear”. To create a customer account, you must provide us with your email address and set up a password. To resign from a customer account, please contact our customer support: gx.gear@support.opera.com. We reserve the right to refuse to accept an order or to cancel it if it is placed using any automated system or scripted behavior or any third party services used to place an order on your behalf.
4. Conclusion of a contract. The goods ordered by you on “GX.gear” store are sold by our Merchant of Record - OpenBorder, Inc., a Delaware corporation, 1317 Edgewater Drive, Suite 6010, Orlando, Florida 32804 (“OpenBorder”) Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with OpenBorder and its nominated agents and contractors, in order to enable OpenBorder to complete your order. OpenBorder may contact you about your order. Questions or complaints about your order should be directed to Opera. OpenBorder may work with Opera as necessary to resolve your issue. You accept that your sole remedies are against Opera.
5. Delivery of ordered products. Your purchased product(s) will be shipped after you have paid their full prize and shipment costs. We deliver orders in countries within European Union. When a delivery date is specified in working days, this means all days from Monday to Friday inclusive, with the exception of public holidays. To learn more, please check our Shipment policy.
6. Products. We are liable for the conformity of the product with the contract. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time (prior to conclusion of a contract) without notice, at the sole discretion of us.
7. Prices and shipping cost. Prices on “GX.gear” store are indicated in U.S. Dollars and include tax in the currently applicable rate. Prices do not contain shipping costs, which are in each case chosen by you from available options. During checkout the price might be calculated into your local currency by Payment Service Provider and would be presented to you before payment.
8. Payments. To make a payment for ordered goods you may use your credit card or debit card, such as Visa or MasterCard or other recognized by a partner who cooperates with Opera for payment purposes (“Payment Services Provider’’) and you need to provide Payment Service Provider with your card details. There might be additional payment methods available, depending on your location. The current list of local payment methods and participating Payment Services Providers is available on the “GX.gear” website.
9. Right to withdraw from the contract of product purchase.
   9.1 You have the right to withdraw from a purchase made on “GX.gear” within 14 days of your purchase, without giving a reason. The withdrawal period starts from the day of product delivery to you or to the person indicated by you. To exercise the right of withdrawal, you must inform us of your decision by notifying us: gx.gear@support.opera.com, by means of an unambiguous declaration of your intent (e.g. by means of a letter sent by post or e-mail). You may (but are not obliged) use our withdrawal form for this purpose.
   9.2 If you choose to withdraw from your purchase contract, you shall send us back the product without undue delay, not later than 14 days from the day on which you have communicated your decision to us. We will cover the return shipment costs if you use our return form attached to the product, and the carrier indicated there. Otherwise, you will cover the return costs. The returned product shall not bear any signs of use, other than necessary to establish the nature, characteristics and functioning of the goods.
   9.3 We will reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we were informed of your decision to withdraw from the contract. We may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. We will use the same means of payment that you used during the original transaction to refund your payment, unless we expressly agree with you on a different means of payment. We will not charge any additional fees for this.
10. Complaints. All the complaints regarding products purchased on “GX.gear” online website shall be directed to our customer support via email: gx.gear@support.opera.com. In some cases, we may ask you to present us with photos of the product(s) under your complaint. We will process and answer to your complaint within 14 days from its submission. If there are any deficiencies in your complaint, we will inform you about them without undue delay, indicating how to supplement them.
11. Miscellaneous.
    11.1 Contacting Opera support. You may address support requests, inquiries regarding your order, customer account, shopping cart, newsletter or any other complaint to our customer service team by sending an email to gx.gear@support.opera.com.
    11.2 Newsletter. We offer you an option to sign up to our newsletter. If you choose to do so, we will ask you for your separate consent to have your personal data processed by Opera for marketing purposes, as well as consent to be sent trade information by Opera via e-mail. You may opt-out from our newsletter anytime by clicking “unsubscribe” link provided in each newsletter message.
    11.3 “GX.gear” is hosted on Shopify Inc. They provide the online e-commerce platform that allows us to sell our products to you.
    11.4 We expect you to be a responsible user. You agree that you will not use the “GX.gear” website for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using “GX.gear” website, including the content of any transmissions you send through the “GX.gear” website and any content you upload or publish using the “GX.gear” website.
    11.5 Opera does not guarantee that your use of the “GX.gear” website will be problem free. Although we work hard to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect.
    a) The “GX.gear” website is provided “as is” without warranties of any kind. Opera and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the “GX.gear” website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
    b) Opera does not represent or warrant that the “GX.gear” website will be uninterrupted or error free, that defects will be corrected, or that the “GX.gear” website or the server that makes them available are free of viruses or other harmful components.
    11.6 Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
    11.7 Waiver of rights. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    11.8 Governing law, arbitration and class action waiver. These Terms shall be governed by the laws of New York, USA (but not the law of conflicts), and any disputes arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration in the New York County, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator may allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. For the avoidance of doubt, nothing in these Terms is intended to be construed as limiting your rights under applicable law.
    YOU AND OPERA AGREE TO WAIVE CLASS ACTION PROCEDURES. Neither you nor Opera will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis.
    11.9 Data processing. We encourage you to read the Privacy Statement to better understand how you can manage your data.
    11.10 Opera may modify these Terms. Opera may update these Terms or the Privacy Statement from time to time. The current version of these Terms are posted at https://www.opera.com/legal/terms. The Privacy Statement is posted at https://www.opera.com/legal/privacy.