Terms of service

OVERVIEW
This website is operated by Optemuse BV. Throughout the site, the terms “we”, ‘us’ and “our” refer to Optemuse BV. Optemuse BV offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content contributors.

Please read these Terms of Service carefully before accessing or using our site. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the site or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or visit of the website after changes have been made constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE SHOP SHOP TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given us permission for minor family members of yours to use this site.
You may not use our products for illegal or unauthorized purposes, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit worms or viruses or other code of a destructive nature.
A violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone at any time and for any reason.
You understand that your content (excluding credit card data) may be transmitted unencrypted and may involve (a) transmission over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission 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 contact on the website through which the Service is provided, without express written permission from us.
The titles used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETELY AND TIMELY OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update information on our site. You agree that it is your responsibility to monitor changes on our site

SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you 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 only be available online through the Website. These products or services may have limited quantities and can only be returned or exchanged according to our Refund Policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the colors will display accurately on your computer monitor.
We cannot guarantee that the colors will display accurately on your computer monitor. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of products or Services we offer. Any product descriptions or product prices 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 offer for a product or Service made on this site is void where prohibited.
We do not guarantee that the quality of any products, Services, information or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCEPTANCE OF INVOICES AND ACCOUNTING DATA
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided at the time you placed the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more information, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We are not liable in any way for the use of optional tools provided by third parties.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions upon which the tools are offered by the relevant third party(ies).
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 will also be subject to these Terms of Service.

SECTION 8 - LINKS TO EXTERNAL PARTIES
Certain content, products and Services available through our Service may contain materials from external parties.
Third party links on this site may direct you 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 are not liable or responsible for any third party materials or websites, or any other third party materials, products or Services.
We shall not be liable for any damages or losses in connection with the purchase or use of goods, Service, resources, content or other transactions in connection with third party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions at our request (e.g., contest submissions) or send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by e-mail, by mail or otherwise (collectively referred to as “comments”), you agree that we may edit, copy, publish, distribute, translate and otherwise use any comments you transmit to us in any medium at any time and without restriction. We are under no obligation (1) to keep comments confidential; (2) to pay a fee for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, pornographic, obscene or otherwise objectionable or to violate any party's intellectual property or these Terms of Service.
You agree that your comments do not violate the rights of any outside parties, including copyrights, trademarks, privacy, personality rights or other personal or proprietary rights. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive 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, impersonate anyone other than yourself or otherwise mislead us or outside parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any outside party.

SECTION 10 - PERSONAL INFORMATION
Your provision of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INAUTIONS AND ERRORS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. This information may include product descriptions, prices, promotions, offers, product shipping costs, 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 information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order).
We assume no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or renewal date applied in the Service or on any related website should be construed as indicating that any information in the Service or on any related website has been changed or updated.

ARTICLE 12 - PROHIBITED USE
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service indefinitely 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 provided to you through the Service are provided (unless expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Optemuse BV, 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, but not limited to, loss of profits, loss of income, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the Service or any product obtained 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 using the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

ARTICLE 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any outside party due to or arising out of your breach of these Terms of Service or the documents incorporated herein by reference, or your violation of any law or the rights of any outside party.

SECTION 15 - 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 severable from these Terms of Service, such provision shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties accrued prior to the termination date shall survive for all purposes after the termination of this Agreement.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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; and/or we may deny you access to our Services (or any part thereof) accordingly.

ARTICLE 17 - RELEASE
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or rules of use posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

ARTICLE 18 - APPLICABLE LAW
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 Netherlands.

ARTICLE 19 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT DATA
Questions about the Terms of Service should be sent to us at info@optemuse.com.
Our contact information can be found below:
Optemuse BV
laura@optemuse.com
Zuidkil 11, 3356CS papendrecht
96441690
NL867612484B01.