Terms of service
OVERVIEW
Welcome to BinDesign! The terms “we,” “us,” and “our” refer to BinDesign. BinDesign manages this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). BinDesign is powered by Shopify, which enables us to deliver the Services to you.
The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
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 the age of majority under the laws of the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your 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 credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This relates to the type of device you use to access the store and the settings and configuration of that device.
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 store.
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 a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. BinDesign reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not accepted until BinDesign has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. BinDesign may not be able to honor a request to cancel after your order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided during checkout.
You may return or exchange purchases only 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 are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place the order, and will be set out in the order confirmation email you receive. Unless expressly stated otherwise, the listed prices exclude taxes, shipping charges, handling fees, customs duties, and import fees.
The prices displayed in our stores may differ from prices in physical stores, or in stores or other outlets operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of any discrepancy between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur at the posted prices, including shipping charges, handling fees, and all applicable taxes, if any.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All stated delivery times are only estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. After we have handed the products over to the carrier, title and risk of loss pass to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by BinDesign, 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 for personal, non-commercial purposes only. 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 a license or other rights under any patent, trademark, copyright, or other intellectual property of BinDesign, Shopify, or any third party. Unauthorized 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 BinDesign.
The names, logos, product names, service names, design elements, and slogans of BinDesign are trademarks of BinDesign or its affiliates or licensors. You may not use such trademarks without the prior written permission of BinDesign. 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 the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to access customer tools offered by third parties 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 on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be 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 you choose to 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 to your purchase or use of products, services, resources, or content on third-party websites. Please review the policies and practices of the third party carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANTS: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
BinDesign uses Shopify so that we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with BinDesign. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and BinDesign, including injury, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases and transactions with BinDesign.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge 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 in order to deliver and improve the Services to you. Information you submit through the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than where you live, so they can provide you with services. Please 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 ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may exercise our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill 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 received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service, but we are not obligated to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback does not contain libelous or otherwise unlawful, abusive, or obscene material, nor any computer virus 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time there may be information provided about or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, 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 inaccurate, at any time and without prior notice (including after you have placed an order).
ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal, or provincial law, regulations, rules, or local 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 other persons; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to send or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm BinDesign, Shopify, or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; and (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, in our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections will 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 made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitors to the Services, or anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY BINDESIGN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES IS RESTRICTED OR NOT ALLOWED. THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
ARTICLE 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BINDESIGN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN 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 RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY 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 THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BinDesign, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising from or related to (1) your breach of these Terms of Service or any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any claim that may give rise to indemnification, provided that failure to give timely notice will not relieve you of your obligations unless you are materially prejudiced by such failure. We may, at your expense, assume the defense and settlement of any such claim, including the engagement of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You are required to cooperate with the defense of any indemnifiable claims, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If 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 severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
The failure by 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted transfer shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without notice to or consent from you.
ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the laws and jurisdiction of the courts in the region where BinDesign has its headquarters. You and BinDesign agree to submit to the personal jurisdiction and venue of such courts.
ARTICLE 22 - HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
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, at our sole discretion, to update, change, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services after any such changes constitutes acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@bindesign.nl.
Our contact details are provided below:
BinDesign
info@bindesign.nl
BinDesign, Borgerstraat 147, 1053 PG Amsterdam, The Netherlands (please note: not a visiting address)
+31610628667
VAT number: NL002443555B15
Chamber of Commerce (KvK): 54578175