GENERAL TERMS AND CONDITIONS
General terms and conditions.
This website is operated by Victoria Valenza. The terms "we", "us", and "our" on this site refer to Victoria Valenza. Victoria Valenza offers this website and all information, tools, and services made available to you through this website to you – the user – provided that you agree to all terms, policies, and notices contained herein. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to the following general terms and conditions (hereinafter "General Terms and Conditions" or "Terms"), including additional terms and policies referred to herein or linked to herein.
These General Terms and Conditions apply to all users of the site, including users who visit the site, suppliers, customers, merchants, and/or individuals who contribute content. Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using parts of the site, you agree that these General Terms and Conditions are binding on you. If you do not agree to all provisions of this agreement, you may not access the website or use any service. Insofar as these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions. The General Terms and Conditions also apply to new features or tools that may be added to the current store. The current version of the General Terms and Conditions can always be found on this page. We reserve the right to adapt, modify, or replace the General Terms and Conditions, in whole or in part, by publishing updates and/or changes on our website. You are responsible for regularly consulting this page to check for any changes. Your continued use of the website after we have published changes means that you accept these changes. Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - ONLINE STORE CONDITIONS
By agreeing to these General Terms and Conditions, you declare that you are of legal age according to the laws of your country of residence, or that, being of legal age according to the laws of your country of residence, you have given us permission for minors for whom you are responsible to use this site. You may not use our products for unlawful or unauthorized purposes. You may also not infringe on the laws of your jurisdiction (including copyright laws) when using the Service. You may not transmit any worms, viruses, or harmful code. Failure to comply with any provision of these General Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse our services for any reason and at any time. You acknowledge that your content (with the exception of credit card information) may be transmitted unencrypted and that it may involve (a) transmission over various networks; and (b) changes to the data to comply with the technical requirements imposed by connected networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or element on the website through which the Service is provided, without our express written permission. The headings in this agreement are for convenience only and do not derogate from these Terms or otherwise affect them.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be used as the sole basis for decisions without consulting primary, more accurate, complete, or more recent sources of information. If you rely on the material on this site, you do so at your own risk. This site may contain certain historical data. Historical data is by its nature not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are not obliged to update information on our site. You agree that you are responsible for checking for changes to our site.
ARTICLE 4 - MODIFICATION OF PRICES AND SERVICE
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service or any part thereof periodically and without notice. We are not liable to you or any third party for any adjustment, price change, suspension, or discontinuation of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy. We make every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer screen will display all colors correctly. We reserve the right to limit the sale of our products or Services to certain individuals, regions, or jurisdictions, without being obliged to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. All descriptions and prices of products may be changed by us at any time and at our sole discretion, without prior notice. We reserve the right to discontinue offering a product at any time. An offer on this site for a product or service is void where such offer is prohibited. We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected. A
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. Purchases may be limited or canceled by us at our sole discretion, per person, per household, or per order. These restrictions may also be imposed on orders by or through the same customer account or credit card, and/or orders with the same billing address and/or shipping address. If we change or cancel an order, we may notify you by using the email address and/or billing address or phone number you provided when placing the order. We reserve the right to limit or refuse orders that, in our opinion, have been placed by merchants, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for every purchase you make in our store. You agree to promptly update your account information and other data, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. Please read our Return Policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may give you access to third-party tools that we do not control and over which we have no control or input. You agree that access to such tools is provided to you "as is" and "as available," without any warranty, condition, or support from us. We are not liable in any way for or in connection with your use of optional third-party tools. You use optional tools offered through the site entirely at your own discretion and entirely at your own risk, and you must ensure that you have taken note of and agree to the terms under which these tools are provided by the relevant external suppliers. If we proceed to offer new services and/or features through the website (such as the introduction of new tools and resources), these General Terms and Conditions apply to such new features and/or services.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may contain materials from third parties. Third-party links on this site may direct you to external websites with which we have no affiliation. We are not obliged to examine or evaluate the content or accuracy, and we do not give any guarantees and accept no liability for third-party materials or websites or other materials, products, or services of external parties. We are not liable for damage or detriment concerning the purchase or use of goods, services, resources, or content or other transactions related to third-party websites. Carefully study the policies and practices of the third party before engaging in any transaction with them. Complaints, claims, problems, or questions about third-party products should be directed to that third party.
ARTICLE 9 - COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS
If you submit something at our request (for example, in the context of a competition) or voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, via regular mail, or in any other way (together "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comment you send us at any time and without any restriction. We are not obliged to (1) keep any comment confidential; (2) pay compensation for any comment; or (3) respond to any comment. Without being obliged to do so, we may monitor, edit, or delete content that we, in our sole discretion, find unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that infringes these General Terms and Conditions or the intellectual property rights of any party. You agree not to post any comments that infringe the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights, or other subjective or property rights. You further agree not to post any comments that contain defamatory or otherwise unlawful, offensive, or obscene material, or that contain computer viruses or other malware that may affect the operation of the Service or any related website. You may not use false email addresses or impersonate someone else, or otherwise mislead us or third parties regarding the source of any comment. You are solely responsible for all comments you post and for their accuracy. We accept no responsibility or liability for comments posted by you or any third party.
ARTICLE 10 - PERSONAL DATA
Our Privacy Policy governs how we collect and use personal data. Read our Privacy Policy here.
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
It is possible that our site or the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. If information in the Service or on any related website is inaccurate, we reserve the right at any time to correct errors, inaccuracies, or omissions, modify or update information, or cancel orders, without prior notice (even after you have placed an order). We do not undertake to update, modify, or clarify information in the Service or on any related website, including information about the price, unless we are legally obliged to do so. If a date is mentioned in the Service or on any related website on which information has been updated or renewed, this does not mean that all information in the Service or on any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions set forth in the General Terms and Conditions, you may not use the site and its content: (a) for unlawful purposes; (b) to incite others to commit or participate in unlawful acts; (c) to violate international, national, or local laws and regulations; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, libel, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity or national origin, race, age, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or other malicious code that may or will be used in a way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) for spam, phishing, pharming, pretexting, spiders, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website based on this provision regarding prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free during your use. We do not guarantee that the results that can be achieved through the use of the Service are accurate or reliable. You agree that we may periodically remove the Service indefinitely and terminate it at any time, without prior notice to you. You expressly agree that you use the Service entirely at your own risk, and that you alone bear the risk of the unavailability of the Service. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you "as is" and "as available," without any express or implied warranty of any kind, including warranties of merchantability, marketable quality, fitness for a particular purpose, durability, title, or non-infringement. In no event shall Victoria Valenza, our directors, officers, affiliates, agents, representatives, contractors, interns, suppliers, service providers, or licensors be liable for any harm, loss, damage, or claim, or any direct, indirect, incidental, or special damages, punitive damages, or consequential damages of any kind, including damages for lost profits, lost revenue, lost savings or data, replacement costs, or any similar damages, whether contractual, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including claims regarding errors or omissions in content, or any loss or damage of any kind as a result of the use of the Service or any content (or any product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Victoria Valenza and our parent company, subsidiaries, affiliates, partners, directors, officers, (trade) agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand from a Powered by Shopify www.shopify.nl third party, including reasonable attorney's fees, arising from your non-compliance with these General Terms and Conditions or the documents incorporated herein by reference, or from your infringement of any law or regulation or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nijbracht 142, Emmen, Drenthe, 7821CE, Netherlands.
ARTICLE 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
