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The ModeInHolland website and additional services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our website (referred to as terms). By visiting ModeInHolland.com, you are accepting and consenting to the practices described in these. We may modify the terms from time to time, and your continued use of our website following such change shall signify your agreement to be bound by the modified terms. Please read the terms and check back often. If you do not agree to (any change to) these terms, then you must immediately stop using the website.
PRIVACY
Please check our Privacy Policy, simply click the link on the bottom-left hand side of any page on this website. If you are under 18, you must let your parent or guardian know about our Privacy Policy before you register to use the website or any of our services. We respect your privacy and do not sell or exchange information you provide to third parties. You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect ModeInHolland or its users.
REGISTRATION
To use some of the services or features made available to you on our website, you may need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediatly.
ORDER AND PRICE
All orders are subject to acceptance and availability. All prices are including VAT at the current rates and are correct at the time of entering information. Taxes will be automatically subtracted during the checkout procedure. Any duties and taxes incurred in the country of destination are the responsibility of the customer. We reserve the right to change prices without prior notice to you. We will take all care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our website.
PAYMENT
Payment can be made in advance by Visa, MasterCard, and bank transfer.
Payment will be debited and cleared from your account at the time that your order is accepted by ModeInHolland. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. We reserve the right to withdraw any merchandise from the website at any time and/or remove, screen or edit any materials or content on the website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of its withdrawing any merchandise from the website whether or not that merchandise has been sold; removing, screening or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
DELIVERY
Estimated production time is stated at the product pages and at check out. Actual delivery time depends on availability of products, fabric and production time and shipping. Through the process you will be updated by email. In case your order has not been shipped 30 days after your order has been accepted, you are free to cancel your order, unless estimated production time has been longer than those 30 days. We insure each order during the time it is in transit until it is delivered to you.
RETURN POLICY
You may return your order within 14 days following the date that you receive the goods. Customized items and items made to measure can not be returned and are nonrefundable. The product you return must be in new, unused, and unworn condition with all the original packaging and garment tags still attached. All accurately returned products will be credited to the original purchaser’s credit card excluding taxes, duties and shipping cost. Products received damaged, or where a manufacturing fault occurs within three months of purchase are considered faulty. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. Where possible, we will repair faulty items, otherwise we will replace it for the same product in the same size, subject to availability. In case of return, exchange you should always contact ModeInHolland for instructions. Inaccurate or unconfirmed returns will not be accepted and will be returned to sender.
INTELLECTUAL PROPERTIES RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content, including software and all HTML and other code contained in our website, shall remain at all times vested in ModeInHolland and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on our website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorized by ModeInHolland and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed content or code to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
CONTENT
Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our website. ModeInHolland tries to ensure that the information on this site is accurate and complete. We do not warrant or represent that our content is accurate, error-free or reliable or that your use of our content will not infringe rights of third parties. Your use of our website is at your risk. We do not warrant that the functional aspects of our website or content will be error free or that our website, content or server is free of viruses or other harmful components. If your use of our website or content results in the need for servicing or replacing property, material, equipment or data, ModeInHolland is not responsible for those costs. Everything on our website is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or infringement. ModeInHolland and its suppliers make no warranties about the content, software, text, downloads, graphics, and links, or about results to be obtained from using our website. You bear the entire risk of the completeness, accuracy or usefulness of any content found on our website. We reserve the right to withdraw, temporarily or permanently, any content from our website at any time and for any reason. Removal may be immediate and without notice. You confirm that ModeInHolland is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of its content, software, products, or services. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
YOUR ACTIVITY
The use of this website is at your own risk. You agree that you will be personally responsible for your use of our website and for all of your communication and activity on it. We reserve the right to deny you access to our website, or any part of it, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated our terms, we may deny you access to our website on a temporary or permanent basis and any decision to do so is final.
THIRD PARTY
We may include links on our website to other websites or resources operated by parties other than ModeInHolland, including advertisers. We are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITED LIABILITY
While we will use reasonable endeavors to verify the accuracy of any information we place on our website, it makes no warranties, whether express or implied in relation to its accuracy. Our website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to our website, or any transaction that may be conducted on or through our website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that our website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that our website or server are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through our website including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these terms shall limit your rights as a consumer under Dutch law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of our website and any information provided to or taken from our website by you.
You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under these terms.
INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless ModeInHolland immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of our terms by you or any other liabilities arising out of your use of our website, or the use by any other persons accessing our website using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you here under.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ModeInHolland as a result of the terms or your use of our website. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ModeInHolland, and we shall not be liable for any representation, act, or omission on your part.
ENTIRE AGREEMENT
The termes (as amended from time to time) constitutes the entire agreement between you and ModeInHolland regarding your use of our website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and ModeInHolland in relation to such matters. In the event any other rules, code of conduct, or other matter posted on our website conflicts with the terms of these terms, these terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms. You confirm that, in agreeing to accept these terms, you have not relied on any representation save insofar as the same has expressly been made a representation in the terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has been described in these terms.
NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
GOVERNING LAW
These terms together with all our policies and procedures will be governed by and construed in accordance with the laws of The Netherlands and you irrevocably submit to the exclusive jurisdiction of the courts of The Netherlands.
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