Terms of service
**OVERVIEW**
Welcome to Wooksy! The terms "we", "us" and "our" refer to Wooksy. Wooksy operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalised shopping experience (the "Services"). Wooksy is powered by Shopify, enabling us to offer the Services to you.
The following Terms of Service, including all policies referenced herein (the "Terms of Service" or "Terms"), outline your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and liability limitations.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.
**ARTICLE 1 - ACCESS AND ACCOUNT**
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside, and that you have given us consent to allow any minor family members to use the Services on devices that you own, purchase, or control.
To use the Services, including visiting or browsing our web shops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to anyone else.
**ARTICLE 2 - OUR PRODUCTS**
We strive to provide as accurate a description as possible of our products and services in our web shops. However, please note that colours and the appearance of products may differ from how they are displayed on your screen. This depends on the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our web shop.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities offered per person, geographic region, or jurisdiction on a case-by-case basis.
**ARTICLE 3 - ORDERS**
When you place an order, you are making an offer to purchase. Wooksy reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once Wooksy confirms it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Wooksy may not be able to honour a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you using the email address, billing address, and/or phone number provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
**ARTICLE 4 - PRICES AND BILLING**
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price is stated in the confirmation email you receive after placing your order. Unless explicitly stated otherwise, the displayed prices exclude shipping costs, handling fees, customs duties, and import taxes.
Prices shown in our web shops may differ from prices in physical stores or in web shops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to separate terms and conditions that are independent of these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, in the event of any changes, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the costs you incur in accordance with the displayed prices, including shipping costs, handling fees, and all applicable taxes, if any.
**ARTICLE 5 - SHIPPING AND DELIVERY**
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand over the products to the carrier, ownership and risk of loss transfer to you.
**ARTICLE 6 - INTELLECTUAL PROPERTY**
Our Services, including but not limited to all trademarks, trade names, texts, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Wooksy, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright, or other intellectual property of Wooksy, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Wooksy.
The names, logos, product names, service names, design elements, and slogans of Wooksy are trademarks of Wooksy or its affiliates or licensors. You may not use such trademarks without Wooksy’s prior written consent. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
**ARTICLE 7 - OPTIONAL TOOLS**
You may be able to access third-party tools offered to customers as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for any damage arising from or related to your use of third-party optional tools.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party(ies).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.
**ARTICLE 8 - LINKS TO THIRD PARTIES**
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you may access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
**ARTICLE 9 - RELATIONSHIP WITH SHOPIFY**
Wooksy uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are handled directly with Wooksy. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspects between you and Wooksy, including injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Wooksy.
**ARTICLE 10 - PRIVACY POLICY**
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view [here]. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to deliver and improve the Services for you. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, so they can provide services to you. Read our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.
**ARTICLE 11 - FEEDBACK**
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, deliver, evaluate, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now or in the future obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise unacceptable, or that violates the intellectual property rights of any party or these Terms of Service, but we are under no obligation to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene material, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.
**ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS**
Information provided in or through the Services may occasionally contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed an order).
**ARTICLE 13 - PROHIBITED USE**
You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate any international, national, federal, provincial, or local laws, regulations, rules, or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other activity that restricts or prevents others from using the Services, or that, as determined by us, may harm Wooksy, Shopify, or users of the Services, or expose them to liability.
You also agree not to: (a) upload or transmit viruses or other harmful code that may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provisions of these Terms.
**ARTICLE 14 - TERMINATION**
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts owed up to and including the date of termination.
The following articles survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
**ARTICLE 15 - DISCLAIMER OF WARRANTIES**
The information provided about or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed by you, other visitors to the Services, or anyone else who is informed of its content, on such information.
UNLESS EXPRESSLY STATED BY Wooksy, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.
**ARTICLE 16 - LIMITATION OF LIABILITY**
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wooksy, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
**ARTICLE 17 - INDEMNIFICATION**
You agree to indemnify, defend, and hold harmless Wooksy, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims, including reasonable legal fees, that must be paid to a third party as a result of or arising from (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your breach of any law or the rights of any third party; or (3) your access to and use of the Services.
We will notify you of any claim for which indemnification is sought, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You must cooperate in the defence of any claim for which indemnification is sought, including by providing relevant documents.
**ARTICLE 18 - SEVERABILITY**
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable part shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.
**ARTICLE 19 - WAIVER; ENTIRE AGREEMENT**
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.
**ARTICLE 20 - ASSIGNMENT**
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
**ARTICLE 21 - GOVERNING LAW**
These Terms of Service and any separate agreements under which we provide you our Services shall be governed by and construed in accordance with the federal and state/provincial laws of the jurisdiction in which Wooksy has its head office. You and Wooksy agree to the jurisdiction and venue of the appropriate courts in that jurisdiction.
**ARTICLE 22 - HEADINGS**
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms in any way.
**ARTICLE 23 - 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 to update, change, or replace any part of these Terms of Service at our sole discretion. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Your continued access to or use of the Services after changes have been made constitutes acceptance of those changes.
**ARTICLE 24 - CONTACT INFORMATION**
Questions about the Terms of Service should be sent to us at contact@wooksy.nl.
Our contact details are as follows:
Wooksy
contact@wooksy.nl
Goudsbloemvallei 61, 's-Hertogenbosch
98532413
NL005338941B09
