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OVERVIEW
Welcome to TIVIK®. The terms “we”, “us” and “our” refer to TIVIK®. TIVIK® 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products 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 Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any valid 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, 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 by us.
SECTION 3 - 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. Any reliance on the material on this site is at your own risk. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. All prices indicated on the website include Value Added Tax (VAT) in accordance with applicable legislation, unless stated otherwise. Shipping costs are calculated separately during checkout. 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 5 - PRODUCTS OR SERVICES
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 Refund Policy. We reserve the right, but are not obligated, to 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 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.
SECTION 6 - RIGHT OF WITHDRAWAL (RETURN POLICY)
Consumers in the EU, EEA (including Norway), and UK have a legal right to cancel their order within 14 days without giving any reason.
1. Cooling-off period: You have the right to withdraw from this contract within 14 days. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
2. Exercising the right: To exercise the right of withdrawal, you must inform us (TIVIK®, info@tivik.nl) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).
3. Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement until we have received the goods back.
4. Returning the goods: You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. You will have to bear the direct cost of returning the goods.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
SECTION 8 - SHIPPING, DELIVERY AND PASSING OF RISK
Delivery times provided by us are estimates. While we make every effort to deliver on time, delays may occur. In accordance with EU consumer law, the risk of loss of or damage to the goods passes to you when you, or a third party indicated by you (other than the carrier), has acquired the physical possession of the goods.
SECTION 9 - OPTIONAL TOOLS AND THIRD-PARTY LINKS
We may provide you with access to third-party tools or links which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. We process data in compliance with the General Data Protection Regulation (GDPR/AVG).
SECTION 11 - LEGAL GUARANTEE AND LIABILITY
1. Legal Guarantee: For consumers in the EU/EEA: You are entitled to a legal guarantee of conformity for goods. This means the goods must comply with the contract, be fit for purpose, and possess the qualities and performance normal for goods of the same type. If a product is defective, you have the right to a repair, replacement, or refund in accordance with Dutch law.
2. Limitation of Liability: Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under applicable Dutch or European law. Subject to the above, TIVIK® shall not be liable for indirect damages, such as loss of profit or opportunity. Our total liability to you in respect of all other losses arising under or in connection with the Contract, shall in no circumstances exceed the purchase price of the Products.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TIVIK® 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 13 - 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 14 - GOVERNING LAW AND DISPUTE RESOLUTION
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.
Any disputes relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the competent court in Midden-Nederland, The Netherlands. However, if you are a consumer residing in the EU or EEA (e.g. Norway), you may also enjoy the protection of the mandatory provisions of the law of your country of residence.
Online Dispute Resolution (ODR): The European Commission provides a platform for online dispute resolution, which you can access here: http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court dispute settlement procedure.
SECTION 15 - CHANGES TO 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, 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.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@tivik.nl.
TIVIK®
Zwinglilaan 93 1216MC, Hilversum
The Netherlands
KVK: 97220760
VAT: NL005256828B80
Email: info@tivik.nl
Phone: +31628588608