Terms of service
OVERVIEW
Welcome to Our store! The terms 'we', 'us' and 'our' refer to Our store. Our store operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the 'Services'). Our store is powered by Shopify, enabling us to provide the Services to you.
The terms and conditions set out below, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By accessing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (view here). If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase or manage.
In order to use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activity in your account. You may not transfer, sell, assign or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and to the device's settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the display or description in our online store.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may, on a case-by-case basis, limit the quantities of products we offer per person, geographic region or jurisdiction.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Our store reserves the right to accept or refuse your order at its sole discretion for any reason whatsoever. Your order is not accepted until Our store has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. Our store may not be able to honor a cancellation request after your order has been accepted. In the event that we do not accept an order, change it or cancel it, we will try to notify you by contacting you via the email address, billing address and/or telephone number you provided during the order process.
You may return or exchange purchases only in accordance with our refund policy (view here).
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price that applies at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, the prices listed exclude taxes, shipping costs, handling charges, customs duties and import duties.
The prices displayed in our online stores may differ from the prices in physical stores, or in online stores or other stores operated by third parties. From time to time we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms take precedence.
You agree to provide current, complete and correct purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and the expiration dates of your credit cards, when they change, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the prices displayed, including shipping costs, handling charges and all applicable taxes, if applicable.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products over to the carrier, title and risk of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of Our store, its affiliates or licensors, and are protected by patent law, copyright law and intellectual property law in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright or other intellectual property of Our store, Shopify or a third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved to Our store.
The names, logos, product names, service names, design elements and slogans of Our store are trademarks of Our store or of its affiliates or licensors. You may not use such trademarks without the prior written permission of Our store. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools on an as-is and as-available basis, without any warranties, representations or conditions of any kind and without any recommendation. We are in no way liable for any damages arising out of or in connection with your use of optional third-party tools.
You use optional tools provided through the site entirely at your own risk and at your own discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party or parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will likewise be considered part of the Services and are subject to these Terms of Service.
ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of third parties that you wish to access. If you decide to leave the Services to access such materials or sites of third parties, you do so at your own risk.
We are not liable for any damages or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please read and ensure that you understand the policies and practices of the third party carefully before entering into a transaction. Complaints, claims, concerns or questions about products and services of third parties must be addressed directly to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This article accurately describes Shopify's relationship with your store and may not be removed or modified.]
Our store uses Shopify so that we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with Our store. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Our store, including injury, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise out of or in connection with your purchases from and transactions with Our store.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here (view here). Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, so that they can provide services to you. Please read our Privacy Policy (view here) for more information about how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or in any other way transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now or in the future obligated to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, review, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene statements, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability whatsoever for Feedback posted by you or a third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time it may occur that information is provided in connection with or within the Services that contains typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (including after you have placed an order).
ARTICLE 13 - PROHIBITED USE
You may use the Services solely for lawful purposes. You may not, whether directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate any international, national, federal or provincial laws, regulations, provisions or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other persons; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other way in activities that restrict or prevent the use of the Services by others, or that, as determined by us, may be harmful to Our store, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to do the following: (a) upload or transmit viruses or other types of harmful code that in any way affect or could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provisions of these Terms.
ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles also remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature must remain valid after termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from the reliance placed on such information by you, other visitors to the Services and any other persons who are aware of its content.
UNLESS EXPRESSLY STATED BY Our store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS. IN SOME JURISDICTIONS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER THEREFORE MAY NOT APPLY TO YOU.
ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Our store, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM THAT IS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR A PRODUCT) THAT IS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Our store, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from and against all costs related to losses, damages, liabilities or claims, including reasonable legal assistance, payable to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that gives rise to indemnification, provided that the failure to give timely notice does not release you from your obligations unless you are materially prejudiced as a result. We may arrange the defense and settlement of such a claim at your expense, including the engagement of an attorney, but we will not settle claims that require non-monetary obligations of you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims that give rise to indemnification, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If any provision in these Terms of Service is found to be unlawful, void or unenforceable, the provision will nonetheless be enforceable to the extent permitted by applicable law. The unenforceable portion is deemed to be severed from these Terms of Service. Such a determination does not affect the validity and enforceability of the remaining provisions.
ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service may not be construed against the drafter.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written permission. Any attempt to do so we declare void. We may transfer, assign or delegate these Terms and our rights and obligations to others without your consent or notice.
ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide our Services to you are subject to and interpreted in accordance with the federal and state-specific or provincial courts in the jurisdiction where Our store has its headquarters. You and Our store consent to the authority and personal jurisdiction of the relevant court.
ARTICLE 22 - HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.
ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We post updates and changes on our website. It is your own responsibility to regularly check our website for changes. We will send you a notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept those changes.
ARTICLE 24 - CONTACT DETAILS
Questions about the Terms of Service should be addressed to us at mail@uwleeskussen.nl.
You can find our contact details below:
Shop4You
mail@uwleeskussen.nl
Brasem 12 Borne Netherlands
+31638662833
Chamber of Commerce: 88099865