Please read the following terms and conditions (the “Terms of Use”) carefully before using the Niels Weerheim online shop (the “Website”). By accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. We recommend that you keep a copy of these Terms of Service for future reference.
In these Terms of Use the terms “we”, “us” and “our” refer to Niels Weerheim and “you” refers to you, the user of the Website.
YOUR INFORMATION
You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Website will be used in accordance with our Privacy Policy, which is incorporated into these Terms of Use.
We have made every effort to display the colours and textiles of our products that appear on the Website as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Website.
TERMS OF SALE
The information on this Website does not constitute a binding offer to sell the products described on the Website. All purchases made via the Website are subject to our Terms of Sale.
OWNERSHIP OF WEBSITE MATERIALS
All content on this Website including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software (“Website Material”) is owned by or licensed to Niels Weerheim or our affiliates and is protected by copyright, trade mark and other applicable laws. Your use of the Website does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms of Use.
All trade marks, logos, service marks and trade names displayed on this Website are registered and/or unregistered trademarks of Niels Weerheim, its affiliates, their respective licensors or content providers, or other third parties. All of these trade marks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting any licence or right to use any trade mark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described in these Terms of Use. Niels Weerheim and our affiliates reserve all rights not expressly granted in and to the Website and the Website Material.
YOUR USE OF THE WEBSITE
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited. You may not use the Website or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this Website, you do so at your own discretion and risk.
You may not use contact information provided on the Website for unauthorised purposes, including marketing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way ? including through the use of any hardware or software intended to damage or interfere with the proper working of the Website – or to intercept any data (including personal information) transmitted via the Website.
Niels Weerheim reserves the right to restrict or terminate your access to, or use of, the Website or any feature or part of it at any time if you breach the Terms of Use or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which Niels Weerheim may be entitled, at law or in equity.
MATERIAL YOU SUBMIT
You may not use this Website to upload to, distribute or otherwise publish any content that: infringes any rights of third parties, including without limitation their intellectual property rights;breaches any applicable local, national or international law or regulation;is fraudulent, or has any fraudulent purpose or effect;
is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libellous of any person or which is invasive of their privacy or publicity rights; material harmful to minors;material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by Niels Weerheim or any other person);contains among others things and without limitation viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware; acts contrary to Niels Weerheim interests, in particular by modifying, damaging, or overloading the Website; is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam. In the event you submit any material via the Website:
You warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use; you grant Niels Weerheim and its affiliates and agents a non exclusive, royalty-free, perpetual, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media; and you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us.
DISCLAIMER
The information on this Website is provided for general information only and should not be relied upon. Save as provided in our Terms of Sale we are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to amend or correct the content on the Website at any time without prior notice or liability to you.
Niels Weerheim provides you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind (including, without limitation, any warranty that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate or timely.
LIABILITY
Niels Weerheim , our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with (i) this Website and the Website Material, (ii) the use, inability to use or the results of use of this Website, (iii) any websites linked to this Website or the material on such linked websites, and (iv) any information on this Website. Your sole and exclusive remedy for any of the foregoing or any dispute with Niels Weerheim , our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website.
Nothing in these Terms of Use excludes or limits any person’s liability for death or personal injury arising from their own negligence, nor any person’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms of Use affects your statutory rights as a consumer.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed and construed in accordance with Dutch law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Dutch courts.
If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
GENERAL
These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Website, constitute the entire agreement and understanding between you and Niels Weerheim with respect to the subject matter and supersede all prior communications (oral or in writing) between you and us.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Website. Accordingly, you should check the date of these Terms of Use (which appears at the top of this page) and review any changes since the last version. Your continued use of this Website following the posting of changes to these Terms of Use or other policies means you accept the changes.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Clause headings are for convenience only and do not affect the interpretation of these conditions. Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies.
You may not transfer any of your rights or obligations under these Website Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Website Terms to any of our subsidiaries or affiliates or any third party designated by Niels Weerheim.
COOKIES
‘Cookies’ are small text files that are stored by the browser (e.g. Internet Explorer or Safari) on your computer or mobile phone. They allow websites to store such things as user preferences. You can think of cookies as providing a “memory” for the website, enabling it to recognise a user and respond appropriately.
COOKIES USED ON THIS SITE
– Site based cookies
These cookies are used to track various information on the site, for example if you are logged in and white is in your basket.
– Annonymous Analytics Cookies
Every time a user visits our website, web analytics software provided by a third party generates an anonymous analytics cookie. These cookies can tell us whether or not you have visited the site before. Your browser will tell us if you have these cookies, and if you don’t, we generate new ones. This allows us to track how many individual unique users we have, and how often they visit the site.
Unless you are signed in to the Niels Weerheim store, these cookies cannot be used to identify individuals; they are used for statistical purposes only. If you are logged in, we will also know the details you gave to us for this, such as username and email address.
– Other third party cookies
On some pages on this site third parties may also set their own anonymous cookies, for the purposes of tracking the success of their application, or customising the application for you. Because of how cookies work, Niels Weerheim cannot access these cookies, nor can the third parties access the data in cookies used by Niels Weerheim.
For example, when you share an article using a social media sharing button, the social network that has created the button will record that you have done this.
TURNING COOKIES OFF
It is usually possible to stop your browser accepting cookies, or to stop it accepting cookies from a particular website. However this will stop the site from functioning correctly. All modern browsers allow the turning off of cookies and instructions to do so can be found in the help section of your relevant browser
