Terms of service
TERMS AND CONDITIONS
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OVERVIEW
This website is operated by Vin Up. The terms ‘we’, “us” and ‘our’ on this site refer to Vin Up. Vin Up offers this website and all information, tools and services made available to you through this website to you, the user, on condition that you agree to all terms, conditions, policies and notices contained herein.
By visiting our site and/or purchasing something from us, you are using our ‘Service’ and agree to the following terms and conditions (hereinafter referred to as ‘Terms and Conditions’ or ‘Terms’), including any additional terms and conditions and policies referenced herein or linked to herein. These Terms and Conditions apply to all users of the site, including users who visit the site, suppliers, customers, merchants and/or contributors of content.
Please read these Terms and Conditions carefully before visiting or using our website. By visiting or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not visit the website or use any services. To the extent that these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The Terms and Conditions also apply to new features or tools that may be added to the current shop. The current version of the Terms and Conditions can always be found on this page. We reserve the right to amend, modify or replace the Terms and Conditions in whole or in part by publishing updates and/or changes on our website. You are responsible for regularly checking this page to see if anything has changed. If you continue to use the website after we have published changes, this means that you accept these changes.
Our shop is hosted by Shopify Inc. They provide us with the online trading platform that allows us to sell our products and services to you.
ARTICLE 1 - ONLINE SHOP TERMS AND CONDITIONS
By agreeing to these Terms and Conditions, you declare that you are of legal age according to the laws of your country of residence, or that, as an adult 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 unauthorised purposes. You may not infringe the laws of your jurisdiction (including copyright laws) when using the Service.
You may not transmit worms, viruses or malicious code.
If you fail to comply with any provision of these Terms and Conditions, this will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL PROVISIONS
We reserve the right to refuse our services to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmission over various networks; and (b) changes to the data to comply with technical requirements of connecting 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 any 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 affect these Terms or otherwise affect them.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or out of date. 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, more 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 purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that you are responsible for checking for changes to our site.
ARTICLE 4 - CHANGES TO PRICES AND THE SERVICE
The prices of 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 shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES
Certain products or services may be offered exclusively online via the website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Returns Policy.
We make every effort to display the colours and images of our products in the shop as accurately as possible. However, we cannot guarantee that your computer monitor will display all colours accurately.
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 product descriptions and prices are subject to change 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 prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse orders placed with us. Purchases may be limited or cancelled by us at our discretion, per person, per household or per order. These restrictions may also be imposed on orders placed by or through the same customer account or credit card, and/or orders with the same billing address and/or delivery address. If we modify or cancel an order, we may notify you using the email address and/or billing address or telephone number you provided when placing the order. We reserve the right to limit or refuse orders that we believe have been placed by merchants, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account information and other information, including your email address and credit card numbers and expiry dates, so that we can process your transactions and contact you as necessary.
Please read our Returns Policy for more information.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not control and over which we have no say 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.
Your use of optional tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and agree to the terms and conditions under which these tools are provided by the relevant third-party providers.
If we decide to offer new services and/or features through the website (such as releasing new tools and resources), these Terms and Conditions shall apply to such new features and/or services.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include 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 responsible for examining or evaluating the content or accuracy of these external websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully 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 send us anything at our request (for example, in the context of a competition) or send us creative ideas, suggestions, proposals, plans or other materials on your own initiative, whether online, by e-mail, by regular mail or in any other way (collectively referred to as ‘comments’), you agree that we may edit, copy, publish, distribute, translate and otherwise use any response you send us at any time and without restriction. We are under no obligation (1) to keep any response confidential; (2) to pay compensation for any response; or (3) to respond to any response.
Without being obliged to do so, we may check, edit or remove content that we deem to be unlawful, offensive, threatening, defamatory, libellous, 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 on 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 e-mail addresses or impersonate anyone else, or otherwise mislead us or third parties as to the source of any comment. You are solely responsible for all comments you post and 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
Our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, transit times and availability. If any information in the Service or on any related website is inaccurate, we reserve the right at any time to correct any errors, inaccuracies or omissions, change or update information, or cancel orders, without prior notice (including 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 pricing, unless required to do so by law. If a date is specified in the Service or on any related website on which information was 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 USE
In addition to other prohibitions set out in the 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, insult, harm, discredit, defame, belittle, intimidate or discriminate against people on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age or disability; (f) to transmit false or misleading information;
(g) to upload or transmit viruses or other harmful code that may or will be used in a manner 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 use.
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATIONS 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 may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service periodically for an indefinite period of time and terminate it at any time without prior notice to you.
You expressly agree that your use of the Service is at your sole risk and that you are solely responsible for 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, merchantable quality, fitness for a particular purpose, durability, title or non-infringement. In no event shall Vin Up, our directors, officers, affiliates, agents, representatives, contractors, interns, suppliers, service providers or licensors be liable for any loss, loss, any damage or any claim or any direct, indirect, incidental or special damages, punitive damages, or consequential damages of any kind, including damages for loss of profits, loss of revenue, loss of savings or data, replacement costs or any similar damages, whether contractual, tortious (including negligence), on the basis of strict liability or otherwise, arising from your use of the Service or products obtained through the Service, or for any other claim in any way related 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 incurred 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 and defend Vin Up and our parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, subcontractors, licensors, service providers, suppliers, interns and employees, and to hold them harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service. licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim or demand, including reasonable legal fees, made by any third party, arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or regulation or the rights of a third party. compliance by you with these General Terms and Conditions or the documents incorporated herein by reference, or from any breach by you of any provision of law or regulation or the rights of a third party.
ARTICLE 15 - SEVERABILITY
If any provision of these General Terms and Conditions is unlawful, void or unenforceable, that provision shall remain in force to the fullest extent permitted by law and shall be deemed severable from these General Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
The commitments and obligations entered into by the parties prior to the date of termination shall remain in force in all cases after the termination of this agreement.
These Terms and Conditions shall remain in force until terminated by you or by us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or by no longer visiting our website.
If we believe or suspect, at our sole discretion, that you have failed to comply with any provision of these Terms and Conditions, we 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. In addition, we may also deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The fact that we do not exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and contemporaneous oral and written agreements, communications and proposals between you and us (including any prior versions of the Terms and Conditions).
If any provision of these Terms and Conditions is ambiguous, it shall not be construed against us.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and all other agreements under which we provide the Services to you shall be governed by and construed in accordance with the laws of 6 Vlaanderen, Doetinchem, 7007NL, the Netherlands.
ARTICLE 19 - AMENDMENTS TO THESE TERMS OF SERVICE
The current version of the Terms and Conditions can always be found on this page.
We reserve the right to amend, change or replace the Terms and Conditions in whole or in part at our discretion by publishing updates and changes on our website. You are responsible for regularly checking our website to see if anything has changed. If you continue to visit our website or use the Service after we have published changes to these Terms and Conditions, this means that you accept these changes.
ARTICLE 20 - CONTACT DETAILS
Questions about these General Terms and Conditions can be sent to info@vinup.nl.