Terms and Conditions
Last Revised on April 5, 2024

Welcome to the Terms and Conditions of Hosanna, an e-commerce service dedicated to the sale of clothing and accessories. These Terms and Conditions govern the use of our website, products, and services offered by Hosanna (“we,” “our,” or “company”).

PLEASE READ THE TERMS BELOW CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A WAIVER OF CLASS ACTION AND A WAIVER OF JURY TRIAL, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES, EXCEPT AS OTHERWISE PROVIDED BELOW. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THIS TERM EVERY TIME YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

USE OF OUR SERVICE
You must be at least 18 years old to use this service. You must not use our products for any illegal or unauthorized purpose, nor should you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit worms, viruses, or any code of a destructive nature. Violation of any of the Terms will result in the immediate termination of your services.

WEBSITE CONTENT
Unless otherwise stated, the Sites and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips, and other content, as well as copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by Hosanna. Hosanna, DMS LTDA, and other trademarks appearing on the Sites are trademarks of DMS LTDA. and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other materials available for download on the Sites solely for your personal use. No right, title, or interest in any downloaded Content is transferred to you as a result of any download or copy. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works, sell, or exploit in any way any Content or the Sites.

Unless otherwise indicated, the Sites and Content are intended to promote the products and services of Hosanna available in the United States and the EU. The Sites are controlled and operated by Hosanna from its offices in Sweden.

The content of this website does not constitute medical advice. You should consult your doctor before starting any exercise, training, or athletic program. Hosanna is not responsible for any medical or health issues that may result from your participation in any activities described on this site or from any information you obtain from this site. If you experience discomfort or pain, you should not continue.

WEBSITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change or cancellation to an order, we will attempt to notify you by contacting the email address and/or billing/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, representatives, or distributors.

ERRORS, INACCURACIES, AND OMISSIONS
Information on our Sites may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Hosanna is happy to hear from you and welcomes your feedback about our products and services. While we value your feedback, we cannot accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Submissions”) that have not been specifically requested by us. The purpose of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of Hosanna may appear similar to Submissions. Therefore, we ask that you do not submit Submissions to anyone at Hosanna through any communication channel.

If you submit certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews, or other content on the Sites, or without our request, submit creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and use your Content in any medium. Hosanna has no obligation (1) to maintain Content in confidence; (2) to pay compensation through Comments; or (3) to respond to Comments. We have the right, but not the obligation, to monitor, edit, or remove any Comment. You may not republish or redistribute Comments outside of the Sites.

You agree that your Comments will not violate any third-party rights, including copyrights, trademarks, privacy, or any other personal or property right. You further agree that your Comments will not contain defamatory or illegal material, abusive or obscene content, nor contain any computer virus or other malware that could affect the operation of the Sites in any way. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Hosanna or third parties as to the origin of any Comment. You agree to comply with our Endorsement Policy and to clearly and visibly disclose if you have received compensation or any other incentive of any kind from any source in exchange for posting Comments. You are solely responsible for any Comments you make and their accuracy. Hosanna assumes no responsibility and shall not be liable for any Comments posted by you or any third party.

YOUR PERSONAL INFORMATION
Our Privacy Policy explains how we collect, use, and share your personal information when you access or use our websites, mobile applications, and any other online services. Please read the Privacy Policy to learn more about how we process your personal information, including details about your rights and privacy options. The Privacy Policy is also available through the link located at the bottom of the Sites.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Hosanna respects the intellectual property of third parties. If you believe your work has been copied in a way that constitutes copyright infringement, please provide Hosanna’s designated agent under the Digital Millennium Copyright Act (“DMCA”) with the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the allegedly infringing material is located on the website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Hosanna’s Copyright Agent for notice of claims of copyright infringement on the Sites can be contacted as follows:

Hosanna
Legal Department – Brand Services
Phone: +46 73 614 09 64
Subject: Hosanna PI Agent

Please note that this procedure is exclusively to notify Hosanna and its subsidiaries that your copyrighted material has been infringed.

PRODUCT INFORMATION
Many products displayed on the Sites are produced in the United States and, in some cases, in selected foreign markets. Prices displayed on the Sites are quoted in US Dollars.

All our products are exclusively available online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites, in accordance with the applicable return policy.

We have made every effort to display as accurately as possible the colors and styles of our products appearing on the Sites. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

PRICE POLICY
The struck-through or listed price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores, online, or elsewhere in the market on a specific day or at every location.

RIGHT TO CHANGE THE SITES
We reserve the right, at any time, in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any service, content, feature, or product offered through the Sites.

LINKS TO OTHER SITES AND SERVICES
The Sites may contain links to other websites that are not under the control of Hosanna. Hosanna has no responsibility for the linked websites, nor does the linking constitute an endorsement of any linked site. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

RETURNS AND REFUNDS
Hosanna is a print-on-demand company, which means all products are unique and produced only once ordered. This also means returns and exchanges are not supported if you ordered the wrong size, color, or simply changed your mind.

All our products are made on-demand, meaning each item is individually manufactured and shipped to your address immediately after the order is placed. Therefore, we cannot accept returns or refunds for reasons related to personal preferences, such as size selection, incorrect color, or change of mind.

However, in the case of damaged product or manufacturing error, Hosanna offers a free replacement or refund if you contact us within 7 days of product delivery. Please reach out to our team using the “submit issue” form and provide a clear photo showing the problem.

If there is an issue affecting multiple products using the same design, an additional photo (or video) of all affected items visible in one frame will be required for confirmation purposes.

Any item returned without prior authorization will not be eligible for refund or exchange.

Shipping costs for returning defective items will be fully or partially covered by us.

All decisions regarding refunds or exchanges are subject to our analysis and discretion.

NOTICE: PLEASE NOTE THAT Hosanna WILL NOT BE LIABLE AND WILL NOT OFFER REPLACEMENTS OR REFUNDS IF THE CUSTOMER ORDERS THE WRONG SIZE OR COLOR. IN CASE OF UNSUCCESSFUL DELIVERY, YOU MAY OPT FOR A REPLACEMENT WITH ADDITIONAL COST OR A PARTIAL REFUND.

These Terms and Conditions are subject to periodic updates and modifications. We recommend reviewing this section periodically before making any purchases to be aware of any changes in our returns and refunds policy.

INDEMNIFICATION
You agree to defend, indemnify, and hold Hosanna harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from your use of the Sites and/or violation of any representation, warranty, or other provision of the Agreement.

LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER THE LAW OF MOTALA, SWEDEN, IN NO EVENT SHALL Hosanna (1) BE LIABLE TO YOU WITH RESPECT TO THE USE OF THE SITES, CONTENT, OR MATERIALS CONTAINED OR ACCESSED THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT ARISING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (2) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF INFORMATION, OR INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. YOUR SOLE REMEDY IS TO STOP USING THE SITES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED TO Hosanna WITHIN ONE YEAR OF ITS ACCRUAL OR WILL BE FOREVER WAIVED AND BARRED.

IF YOU RESIDE IN A JURISDICTION OTHER THAN MOTALA, SWEDEN, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONSUMER CONTRACTS, THEREFORE, SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, WAIVER OF CLASS ACTIONS, WAIVER OF JURY TRIAL)
Please read this section carefully. It affects your legal rights. It provides for the resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a court proceeding, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a waiver of jury trial and a waiver of all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the maximum extent permitted by applicable law.

Arbitration Agreement

Binding Individual Arbitration. Any dispute or claim arising out of this Agreement, your use of the Sites, or your relationship with Hosanna, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), shall be resolved through binding individual arbitration, except if you or we choose to have a Dispute heard in small claims court, provided it is not removed or appealed to a general jurisdiction court. Whether a Dispute falls within the small claims court’s jurisdictional limits is for the small claims court to decide in the first instance unless you and Hosanna. agree otherwise. Dispute shall be broadly interpreted and shall include, but not be limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims related to advertising); (2) any dispute or claim that is currently subject to an alleged class action in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include disagreements or claims relating to patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which shall be decided by a competent jurisdiction court: (1) issues reserved to a court in this Agreement; (2) issues relating to the scope, validity, and enforceability of the arbitration agreement, waiver of class actions, waiver of jury trial, or any of the provisions of this Dispute Resolution section; and (3) issues relating to the arbitrability of any Dispute. This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).

Mandatory Informal Dispute Resolution Process. Acknowledging the high cost of legal disputes, not only in financial terms but also in time and energy, both you and Hosanna agree to the following informal dispute resolution procedure before either you or Hosanna may initiate arbitration. In the event of any Dispute arising between you and Hosanna, the party alleging the Dispute shall first send written notice to the other party (by email) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a calculation for the same; and (4) sufficient information to identify any account and transaction in question. The notice must be personally signed by the party alleging the Dispute (and by your or our attorney, if represented). Your notice to Hosanna must be sent to Hosanna’s Legal Department, via email to [email protected]. Our notice to you shall be sent to your last-used billing address or the email address in your online profile.

For a period of 60 days from the receipt of a complete notice (which may be extended by agreement of the parties), you and we agree to negotiate in good faith in an attempt to informally resolve the Dispute. The party receiving the notice may request a telephone conciliation conference to assist in the resolution of the Dispute. If such conference is requested, you and a representative of Hosanna shall attend personally (with attorney, if represented). The conference shall be scheduled for a mutually convenient time, which may be outside the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a prerequisite to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is in question, such issue may be raised and decided by a competent jurisdiction court upon request by either party, and any arbitration shall be stayed. The court shall have authority to enforce this prerequisite to arbitration, including the power to prohibit the commencement or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits a party’s right to seek damages for failure to comply with this Process in arbitration before a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a complete notice until the conclusion of this Process. You or we may initiate arbitration only if the Dispute is not resolved through this Process.

Waiver of Class Actions and Jury Trial. YOU AND WE AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR LITIGATION, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH ACTIONS IN ARBITRATION OR COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

APPLICABLE LAW AND FORUM
Except with respect to the arbitration agreement, this Agreement and the use of the Sites are governed by the laws of the state of California, without regard to California’s conflict of laws rules. If the arbitration agreement is deemed unenforceable or void, or if a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in San Francisco County, California, for purposes of any legal action arising from the use of the Sites or this Agreement, and waive any objection to personal jurisdiction or venue in such courts due to: (1) inconvenient forum or (2) any other reason or any right to seek transfer or change of venue of any action to another court.

TERMINATION
You may terminate this Agreement at any time. Hosanna may also terminate this Agreement at any time without prior notice, and consequently may deny your access to the Sites, if, in our sole discretion, you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this Agreement for all purposes.

SEVERABILITY AND SURVIVAL
Except as otherwise provided herein, if any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

In addition to other provisions that, by their terms, survive any termination or expiration of this Agreement, the following sections shall survive the termination of this Agreement: (1) Indemnification; (2) Limitation of Liability; (3) Dispute Resolution (including Arbitration Agreement; Waiver of Class Actions; Waiver of Jury Trial); and (4) Applicable Law and Forum.

GENERAL
Waiver of any provision of the Agreement shall not be deemed a waiver of any other provision or of Hosanna’s right to demand strict compliance with each of the terms herein. This Agreement constitutes the entire agreement between us regarding your use of the Sites.