Terms and conditions
Index: SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND SECTION II: GENERAL PROVISIONS SECTION III: ACCOUNTS SECTION IV: PRICING AND PAYMENT SECTION V: INTELLECTUAL PROPERTY SECTION VI: THIRD-PARTY ADVERTISEMENTS, PROMOTIONS, AND LINKS SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION SECTION VIII: GOVERNING LAW; ARBITRATION SECTION IX: MISCELLANEOUS
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
SECTION II: GENERAL PROVISIONS
SECTION III: ACCOUNTS
SECTION IV: PRICING AND PAYMENT
4.1. Purchase of Products Use of the Web site and Software is free; however, Products carried thereon may be offered for sale at the prices published on the Web site and subject to change from time-to-time in our sole and exclusive discretion. The prices and the terms of payment for such Products are displayed at all times on the Web site, including at the point of purchase. The prices quoted on the Web site for the Products do not include shipping and handling, unless indicated otherwise, or sales taxes, if applicable, which will be added to the final purchase price after the purchaser enters his or her details. Purchasers are responsible for the payment of any shipping and handling charges, unless indicated otherwise, as well as local VAT and/or other taxes that may apply to an order. All Products shall be delivered pursuant to the timetable of the carrier and shipping method you choose upon checkout but no later than ninety (90) calendar days from the date of purchase. Purchases for such Products may be made using a variety of payment methods as set out at the time of checkout and shall be processed immediately. 4.2. Withdraw and Refund If you are dissatisfied with any purchase made via our Web site for any reason whatsoever the purchase may be returned to us within fourteen (14) calendar days of receipt thereof for a full return of the purchase price and all original shipping costs though you will remain liable for return shipping costs. All returns will be accepted and a refund granted so long as the product is returned with all additional components and accessories. Please note that once received refunds may take up to thirty (30) days to process. In the event a customer should not receive a refund as anticipated he or she should first contact the appropriate financial institution to which the refund is expected to post. If, after speaking with the financial institution he or she continues to experience problems with an anticipated refund, please contact us. Should you wish to withdraw and return for a full refund any order you may do so by contacting us at email@example.com with “Refund Order” in the subject line, and a brief message detailing the order you wish to return for a refund. 4.3. Cancellation Orders may be canceled with a full refund within twenty-four (24) hours of purchase. Should you wish to cancel any order you may do so by contacting us at firstname.lastname@example.org with “Cancel Order” in the subject line, and a brief message detailing the order you wish to cancel. 4.4. Exchange Should a purchaser of a Product wish to exchange an order, he or she should notify us within fourteen (14) days of receipt thereof. Exchanges will only be accepted for defective or damaged, unused and unopened Products. We only replace items if they are defective or damaged upon receiving the Products. If an exchange is approved, the exchange may take up to fourteen (14) days to process after our receipt of the Products to be exchanged. You shall be responsible for the reshipment of exchanged Products from us to the User. You acknowledge that you will be solely responsible for paying for your own shipping costs for any and all returns, excepting exchanges for defective products, regardless of the reason therefore. No refunds or credits shall be granted therefore. All returns and/or exchanges should be sent to our headquarters as set forth herein. Should you choose to use your own shipping company for any exchange and/or return, we do not guarantee receipt of a returned item and encourage you to use a shipment tracking service. Should you wish to exchange any order you may do so by contacting us at email@example.com with “Exchange Order” in the subject line, and a brief message detailing the order you wish to exchange. 4.5. Gift Policy In the event that you receive a Safelet Product as a gift and wish to return it please know that you will not be eligible for a cash refund and will receive store credit only. In the instance of gifts, you may return the gift within fourteen (14) calendar days for receipt of the purchase price of the Product in the form of store credit, valid for twelve (12) months from the date of return. You acknowledge that you will be solely responsible for paying for your own shipping costs for any and all gift returns, excepting exchanges for defective products, regardless of the reason therefore. No refunds or credits shall be granted therefore. All gift returns should be sent to our headquarters as set forth herein. Should you choose to use your own shipping company for any gift return, we do not guarantee receipt of a returned item and encourage you to use a shipment tracking service. Should you wish to return any gift order you may do so by contacting us at firstname.lastname@example.org with “Gift Return” in the subject line, and a brief message detailing the order you wish to return. 4.6. Right of Refusal, Limitation, Change and Discontinuation We reserve the right to refuse to provide any access to the Web site, Software and/or Products to anyone for any reason at any time at our sole discretion without recourse to you. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, 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 to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit the available quantities of materials and/or products designed, sold, distributed and/or otherwise made available by us for any reason at any time in our sole and exclusive discretion. We reserve the right to discontinue the sale and/or provision of any and all Products and Software designed, sold, distributed and/or otherwise made available by us for any reason at any time in our sole and exclusive discretion. Any offer for the sale of any and all Products designed, sold, distributed and/or otherwise made available by us is void where prohibited.
SECTION V: INTELLECTUAL PROPERTY
SECTION VI: THIRD-PARTY ADVERTISEMENTS, PROMOTIONS, AND LINKS
SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
SECTION VIII: GOVERNING LAW; ARBITRATION
8.1. Governing Law These Terms shall be governed and construed in accordance with the laws of the Netherlands without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in the Netherlands and any cause of action that relates to or arises from these Terms and/or the Web site, Products and/or the Software must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra. 8.2. Meditation; Arbitration The Parties agree to first mediate before Stichting WebwinkelKeur Foundation and then arbitrate that any dispute concerning, relating, or referring to these Terms and/or the Web site, Products and/or the Software shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the Netherlands and pursuant to the rules of the Stichting GeschilOnline Foundation. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. 8.3. Attorneys’Fees and Costs In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing Party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such suit or action, plus such sums as may be adjudged reasonable for that Party’s attorney fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals.
SECTION IX: MISCELLANEOUS