Terms of service
OVERVIEW
This website is operated by Collective. Throughout the site, the terms “we”, “us” and “our” refer to Collective. Collective 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, customers, merchants, vendors and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of 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 access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Nothing in these Terms of Service limits or excludes any statutory rights you may have under applicable consumer protection laws, including your legal guarantee, your right of withdrawal where applicable, and your rights regarding defective, damaged or non-conforming products.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are legally allowed to use this website and place orders under the laws applicable to you. If you are under the legal age of majority in your country or region of residence, you may only use this website with the consent of a parent or legal guardian.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws applicable to you, including but not limited to copyright laws.
You must not transmit any worms, viruses, malware or any code of a destructive nature.
A breach or violation of any of these Terms may result in termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service or cancel orders where we reasonably believe there is fraud, misuse, unlawful activity, incorrect information, reseller activity, stock unavailability, pricing errors, payment issues or a breach of these Terms, without limiting any statutory rights you may have under applicable consumer protection laws.
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, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We aim to provide accurate, complete and current information on our website. However, the material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking the most current product, pricing, shipping, delivery and policy information available at checkout or in our policies.
This site may contain certain historical information. Historical information is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update every piece of information on our site, except where required by law.
You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
Price changes do not affect orders that have already been confirmed, except in cases of obvious pricing errors, inaccuracies or technical errors. In such cases, we may cancel the order and refund any amount paid where required by law.
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, except where such liability cannot be excluded or limited under applicable law.
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.
Products may only be returned or exchanged in accordance with our Return and Refund Policy, without limiting any statutory rights you may have under applicable consumer protection laws.
Where applicable, consumers have a legal right of withdrawal in accordance with our Return and Refund Policy and applicable consumer protection laws.
Consumers are entitled to the legal guarantee for defective, damaged or non-conforming products as provided by applicable consumer protection laws.
Certain products may be excluded from the right of withdrawal where allowed by law, for example products that are clearly personalised or made to your specifications. This does not affect your rights regarding defective, damaged or non-conforming products.
We have made every effort to display as accurately as possible the colors, images, details and descriptions of our products that appear on the store. We cannot guarantee that your device’s display of any color will be fully accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, where legally permitted. 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 and product pricing are subject to change at any time without notice, at our sole discretion, except for orders that have already been confirmed, unless there is an obvious error or inaccuracy.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your personal expectations. This does not affect your statutory rights regarding defective, damaged or non-conforming products.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us where legally permitted, including in cases of suspected fraud, misuse, reseller activity, payment issues, stock unavailability, incorrect information, obvious pricing errors or breach of these Terms.
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 payment method, 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 email address, billing address and/or phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our reasonable 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 payment details, so that we can complete your transactions and contact you as needed.
For more details, please review our Return and Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control nor input.
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, to the fullest extent permitted by law.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except where such liability cannot be excluded or limited under applicable law.
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 of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website, including the release of new tools and resources. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - 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 examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or Services.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content or any other transactions made in connection with any third-party websites, except where such liability cannot be excluded or limited under applicable law.
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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, for example contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively “comments”, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, to the fullest extent permitted by law.
We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our reasonable discretion 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.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus, malware or other harmful code that could in any way affect the operation of the Service or any related website.
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 comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third party, except where such liability cannot be excluded or limited under applicable law.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability or other information.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, including after you have submitted your order, where legally permitted.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
If an order is cancelled after payment because of an error, inaccuracy, availability issue or other issue with the order, we will notify you and refund any amount paid for the cancelled order where required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, national, regional or local regulations, rules, laws or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected characteristic;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service, any related website, other websites or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, 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, 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Nothing in this section limits or excludes any liability that cannot legally be limited or excluded under applicable law.
This section does not affect your statutory consumer rights, including your legal guarantee, your right of withdrawal where applicable, or your rights regarding defective, damaged or non-conforming products.
We do not guarantee, represent or warrant that your use of our website or 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 to you.
The website, Service and digital features are provided “as is” and “as available” to the fullest extent permitted by law. This does not affect your statutory rights regarding products purchased from us.
In no case shall Collective, 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, negligence, strict liability or otherwise, arising from your use of the Service or any products procured using the Service, except where such liability cannot be excluded or limited under applicable law.
Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees 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, the documents they incorporate by reference, your violation of any law, or your violation of the rights of a third party.
This section applies to the fullest extent permitted by law and does not limit any statutory rights you may have under applicable consumer protection laws.
SECTION 15 - 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.
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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and 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 reasonable judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, where legally permitted.
You will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to our Services, or any part thereof.
SECTION 17 - 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 Service constitute 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 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.
SECTION 18 - 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 Belgium.
This choice of law does not limit any mandatory consumer protection rights you may have under the laws of your country or region of residence.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these 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.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@sebbacollective.com.
For questions about orders, shipping, delivery, returns, refunds or exchanges, please contact our customer service team at support@sebbacollective.com.
Our contact information is posted below:
Collective
Bogaardestraat 168b
9990 Maldegem
East Flanders
Belgium
Enterprise number: 1011.830.853
VAT/KBO number: BE 1011.830.853
info@sebbacollective.com
support@sebbacollective.com
