Terms of Service
OVERVIEW
This website is operated by modalina Throughout the website, the pronoun "we," the possessive pronoun "our," and all their grammatical forms, as well as all verbs in the first person plural, refer to modalina. Modalina provides this website, including all information, tools, and services available on it, to the User, provided that the User accepts all the terms, rules, policies, and statements contained in this document.
By visiting our website or making a purchase on it, the User uses the "Service" provided by us and agrees to comply with the following terms ("Terms"), including additional terms indicated in this document and accessible via hyperlinks. These Terms apply to all users of this website, including, in particular, users who browse it, or users who are suppliers, customers, sellers, or content authors.
Before using or accessing our website, please carefully read the Terms. By using or accessing any part of this website, the User agrees to be bound by the Terms. If the User does not agree to all the provisions of this agreement, they must not access this website or use any of the Services. If the Terms are considered an offer, its acceptance is expressly limited to the Terms.
Any new features or tools added to the current store are also subject to the Terms. The most current version of the Terms can be reviewed at any time on this page. We may update, change, or replace any part of the Terms by posting updates or changes on our website. It is the User's responsibility to check this page for changes. Continued use or access to this website after any changes have been posted constitutes acceptance of those changes.
Our store is hosted on the Shopify Inc. platform. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and Services to the User.
SECTION 1. ONLINE STORE TERMS OF USE
By agreeing to the Terms, the User represents that they are at least the age of majority in their jurisdiction or that they are the age of majority in their jurisdiction and have given us their consent to allow any of their minor dependents to use this site.
The User may not use our products for any illegal or unauthorized purpose, nor may they, in the use of the Service, violate any laws in their jurisdiction (including copyright laws).
The User may not transmit worms, viruses, or any destructive code of any kind.
Violation of any of the Terms will result in immediate termination of Services.
SECTION 2. GENERAL PROVISIONS
We may refuse to provide Services to anyone for any reason at any time.
The User understands that User content (excluding credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
Headings used in this agreement are for convenience only and do not limit or affect the Terms.
SECTION 3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete, or current. The materials on this website are for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the materials on this website is at the User’s own risk.
This website may contain historical information. Such information is not current and is provided for informational purposes only. We may update the content of this website at any time but are not obligated to update any information on it. The User agrees it is their responsibility to monitor changes to our website.
SECTION 4. MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time and without notice to modify or discontinue the Service (or any part or content thereof).
We shall not be liable to the User or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5. PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy: [LINK TO RETURN POLICY].
We try to display as accurately as possible the colors and images of our products that appear on the store. We cannot guarantee that the monitor’s display of any color will be accurate.
At our sole discretion, we may limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We may limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offers for products or Services made on this site are void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by the User will meet their expectations, or that any errors in the Service will be corrected.
SECTION 6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order the User places with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify the User by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
The User agrees to provide current, complete, and accurate purchase and account information for all purchases made at our store. The User agrees to promptly update their account and other information, including email address and payment card information, to allow us to complete transactions and contact the User as needed.
For more information, please review our Return Policy: [LINK TO RETURN POLICY].
SECTION 7. OPTIONAL TOOLS
We may provide the User with access to third-party tools over which we have no control nor input.
The User acknowledges and agrees that we provide these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
We shall not be responsible or liable for any damages arising from the User’s use of optional third-party tools.
Any use by the User of optional tools offered through the site is entirely at the User’s own risk and discretion and the User should ensure they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8. EXTERNAL LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct the User to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy, 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 damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, the User submits certain specific submissions (for example contest entries) or without a request from us the User submits creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the User agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the User forwards to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
The User agrees that their comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
The User further agrees that their comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
The User may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead us or third parties as to the origin of any comments.
We reserve the right to remove or edit such comments but are not obligated to do so.
SECTION 10. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, the User is prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate the User’s use of the Service or any related website for violating any of the prohibited uses.
SECTION 13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Mijn winkel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mijn winkel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15. SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 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 are effective unless and until terminated by either you or us. You may terminate these Terms 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, 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).
SECTION 17. ENTIRE AGREEMENT
The Terms and our Privacy Policy constitute the sole and entire agreement between you and modalina regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
SECTION 18. GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of
SECTION 19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.
SECTION 20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: Support@moda-lina.com