Terms and Conditions

OVERVIEW

This website is operated by Mingle Wear. Throughout the site, the terms “we”, “us” and “our” refer to Mingle Wear. Mingle Wear 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 any 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 content creators.

Please read these Terms of Service carefully before using our Site. By accessing or using the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use the services offered by Mingle Wear. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or resources which are added to the current store shall also be subject 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 by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. By continuing to use or access the website after any changes are posted, you agree to be bound by those changes.

Our store is hosted by Shopify Inc. who provides us with the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE SHOP TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority or that you are the age of majority and have given us your consent to allow any of your minors to use this site.

You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

You may not transmit any worms or viruses or other code of a destructive nature.

Violation of any of the Terms will result in immediate termination of our Services and possible notification to authorities.

SECTION 2 - GENERAL CONDITIONS

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 when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or in any way exploit any portion of the Service, use of, or access to the Service or any contact on the website through which the service is provided, without our express written consent.

The headings used in this Agreement are for convenience only and are not intended to limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information 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.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time. However, we have no obligation to update any information on our website. You agree that it is your responsibility to keep informed of 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 to modify or discontinue the Service (or any part or content thereof) without notice. 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 - DELIVERY

We currently ship to all locations within the Netherlands. Shipping rates and estimated delivery times are available on our Shipping Policy page.

SECTION 6 - REFUSING DELIVERY

If an item is delivered to a collection point (after you were not home) and you do not collect it within the agreed time frame, this is considered a refusal of order.

SECTION 7 - RETURN POLICY

Our Returns and Refund Policy describes the conditions under which you can return or exchange an item. Please see our Returns and Refunds Policy page for details

SECTION 8 - PRODUCTS OR SERVICES (if applicable).

Certain products or services may be available only online through the Site. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

Every effort has been made to ensure that the colors and images of our products that appear in the store are as accurate as possible. We cannot guarantee that the colors will display accurately on your computer monitor.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic area 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 product descriptions 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.

We do not warrant that the quality of any products, services, information, or other material you purchase or receive will meet your expectations or that any errors in the Service will be corrected.

SECTION 9 - 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 apply to 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. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time of 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 made at our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” without any warranties, representations or conditions and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the Site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-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 reviewing 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 any other materials, products, or services of third-parties.

We are not liable for any harm or injury 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 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit creative ideas, suggestions, proposals, plans or other materials to us online, by email, by postal mail or otherwise (collectively, "Comments") whether in response to our invitation (for example a review) or without invitation, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you submit to us. We are and shall be under no obligation to (1) maintain any Comments in confidence, (2) pay compensation for any Comments, or (3) respond to any Comments.

We have the right, but not the obligation, to monitor, edit or remove any 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 rights or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personal or other personal or proprietary right. You further agree that your 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 interfere with the operation of the Service or any related website. You may not use a false e-mail 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 the comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL DATA

The provision of personal information through Mingle Wear is subject to our Privacy Policy. Click here for our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Website or Service may contain 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 an order 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 update or refresh date specified in the Service or on any related website, should be taken to indicate that information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to any other prohibitions in the Terms of Use, you are prohibited from (a) using the Site or its content for any unlawful purpose; (b) soliciting others to commit any unlawful activity; (c) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that will or may interfere with the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others (i) for the purposes of spam, phishing, 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 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that the 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.

You expressly agree that your use of, or inability to use, the Service and/or Products is at your sole risk. The Service and all products and services made available 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 implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Mingle Wear, 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 the use of any of the Service or any products procured using the Service, or for any other claim related in any way to the 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 the possibility of such damages. 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 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mingle Wear 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 referenced herein, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms of Service will remain in effect 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 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 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 you may be denied access to our Services (or any part thereof) accordingly.

SECTION 20 - ENTIRE AGREEMENT

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 operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the author.

SECTION 21 - GOVERNING 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.

SECTION 22 - CHANGES 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 our website or the Service following the posting of changes to these Terms of Use will be deemed your acceptance of those changes.