SECTION 1: SCOPE OF THESE TERMS OF SERVICE
This website, including the webshop and all its functionalities (the “Website”), is hosted on Shopify Inc. and it is owned and operated by Van Den Broek Life B.V.
Van Den Broek Life offers this Website, and all its content, including the face massage videos, tools, services, and other functionalities (and all such elements together referred to as “Service”), to you, the “User(s)”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including those additional terms and policies referenced herein with hyperlinks (collectively referred to as “Terms of Service”, or “Terms”).
Throughout the site, the terms “we”, “us” and “our” refer to Van Den Broek Life.
These Terms of Service apply to all Users of the Website, including without limitation to those Users who only come to browse the Services, and Users who become customers by purchasing our products, as well as potential vendors, merchants, and/or contributors of content.
Any purchase of products from this Website by a User shall be subject exclusively to the version of the Terms of Service applicable at the time the order is placed. Conflicting terms shall only be deemed recognized if this has been explicitly agreed beforehand, and in writing.
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new face massage content, features, information, tools or products, which are added to the Website, shall automatically become subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
These Terms in English are an unofficial translation from the original language of the Terms, which is Dutch, and these English Terms are made available to the User for general informational purposes only. The Terms in Dutch are the official Terms that shall govern the relationship between the User and Van Den Broek Life.
SECTION 2: GENERAL TERMS FOR USING THE WEBSHOP
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence.
You may not use our information, content, products, or any other part of the Service, for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your use of the Service.
SECTION 3: PURCHASING PRODUCTS VIA THE WEBSITE
By sending a purchase order via the Website, the User makes a binding offer to Van Den Broek Life to conclude a purchase agreement. If you place an order with Van Den Broek Life we will send you an email confirming receipt by us of your order and the order details (confirmation of order). This confirmation of order shall not be deemed acceptance of your offer but shall merely inform you that we have received your order. A purchase agreement shall only then be concluded when we send the ordered product to you and confirm shipment to you in a second email (shipping confirmation). No purchase contract shall be concluded regarding products from one and the same order which are not stated in the confirmation of shipment. Van Den Broek Life does not offer any products for purchase to minors. Your order also functions as assurance that you are of legal age. We accept no liability for orders for our product placed by minors.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, including specifically the content that comprises our face massage videos, including giving access to the Service or, without express written permission by us.
You may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. A code may have an expiration date, which will be stated at the time of promotion or on accompanying promotional materials that cannot be modified.
When an order containing multiple items is placed using a promotional code, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The discount cannot be refunded. The value of a discount code cannot be deducted from an order if that code is defective or out of date: no replacement codes will be issued. Only one discount voucher may be used per order.
Category and product exemptions may apply for discounts and promotions.
SECTION 4: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information 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. This specifically includes the information in the face massage videos. It is the sole responsibility of the User to verify, which could mean consultation of a medical professional if needed, whether the exercises in the face massage videos are suitable for the User. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5: MODIFICATION TO THE SERVICE AND PRICES
Unless otherwise explicitly stated, the prices stated on the Website are inclusive of statutory value-added tax. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6: PRODUCTS
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 Shipping & Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to 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 the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant 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.
SECTION 7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
Unless otherwise agreed, delivery shall be made to the delivery address provided by the User. The User is solely responsible for the accuracy of the delivery address entered on the Website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, 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 or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Shipping & Returns Policy.
SECTION 8: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous 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. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 9: PERSONAL INFORMATION
SECTION 10: 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 11: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are 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 your use of the Service or any related Website for violating any of the prohibited uses.
SECTION 12: 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 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 Van Den Broek Life , 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 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Van Den Broek Life 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 14: SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15. 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 Service, or when you cease using our site.
If in our sole judgement 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 Service (or any part thereof).
SECTION 16: NO WAIVER OF RIGHTS
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17: GOVERNING LAW & LANGUAGE
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 The Netherlands, and only the version of the Terms written in the Dutch language shall be the official version for interpretation.
SECTION 18: DISPUTE RESOLUTION
There is a possibility that something might happen which is not according to plan. We recommend that you first disclose any complaints by mailing us at firstname.lastname@example.org. As of February 15, 2016, it is also possible for consumers in the EU to report complaints through the European Commission's ODR platform. The ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet handled elsewhere, you are free to file your complaint through the European Union platform.
SECTION 19: CHANGE 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.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: email@example.com