Terms of Service
OVERVIEW
Welcome to TropischeSupermarkt.nl! The terms 'we', 'us', and 'our' refer to TropischeSupermarkt.nl. TropischeSupermarkt.nl operates 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'). TropischeSupermarkt.nl is powered by Shopify, enabling us to provide the Services to you.
The general terms and conditions below, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe 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 limitations of liability.
By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.
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 of your residence 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 web stores or purchasing products or services offered by us, 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 login details and for all activities that occur 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 possible description of our products and services in our web stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the device's 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 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 any product at any time and may limit the number 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 are making an offer to purchase. TropischeSupermarkt.nl reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted after TropischeSupermarkt.nl has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. TropischeSupermarkt.nl may not be able to honor a cancellation request once your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price applicable at the time you place the order. This price will be stated in the confirmation email you receive after your order. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping costs, handling fees, customs duties, and import duties.
The prices displayed in our web stores may differ from prices in physical stores, or in web stores 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 terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to update your account and other information, including your email address, credit card numbers, and credit card expiration dates, immediately upon any change, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted 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 clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by TropischeSupermarkt.nl, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the 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 TropischeSupermarkt.nl, 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 TropischeSupermarkt.nl.
The names, logos, product names, service names, design elements, and slogans of TropischeSupermarkt.nl are trademarks of TropischeSupermarkt.nl or its affiliates or licensors. You may not use such trademarks without the prior written permission of TropischeSupermarkt.nl. 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 customer tools provided 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, 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(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or maintained 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 harm or damages related to your visit to third-party websites, or the purchase or use of products, services, resources, or content on third-party websites. Please review the third-party's policies and practices 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
[NOTE TO MERCHANTS: This article accurately describes Shopify's relationship to your store and should not be removed or altered.]
TropischeSupermarkt.nl uses Shopify to provide you with the Services. However, all sales and purchases you make in our store are handled directly with TropischeSupermarkt.nl. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and TropischeSupermarkt.nl, including injury, damage, or loss resulting from purchased products and services. Hereby, 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 TropischeSupermarkt.nl.
ARTICLE 10 - PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. 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 respective Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be transferred 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. Please read our Privacy Policy [LINK] 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 license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, 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 or control all rights to the 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 and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services 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 Feedback. You are solely responsible for any Feedback you make 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
Occasionally there may be information on or in the Services that contains 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 orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial laws, regulations, rules, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate TropischeSupermarkt.nl, a TropischeSupermarkt.nl employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TropischeSupermarkt.nl, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) to interfere with or circumvent the security features of the Services or any related website, 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 provision 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 will remain liable for all amounts due up to and including the date of termination.
The following articles shall 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 which by their nature should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY TropischeSupermarkt.nl, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES 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 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TropischeSupermarkt.nl, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TropischeSupermarkt.nl, Shopify and our affiliates, partners, officers, directors, agents, contractors, licensors, and service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the 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 for indemnification, provided that failure to give prompt notice shall not relieve you of your obligations hereunder unless materially prejudiced thereby. We may, at our election and expense, control the defense and settlement of any such claim, including the engagement of counsel, but will not settle any claim that requires you to pay money or admit fault without your consent (which must not be unreasonably withheld). You must cooperate in the defense of any such claim, including by providing relevant documents.
SECTION 18 - 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, and 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 19 - WAIVER; ENTIRE AGREEMENT
Our failure 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 constitutes 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.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations hereunder without our prior written consent. Any attempt to do so is null and void. We may assign or delegate these Terms and our rights and obligations hereunder without your consent or notice to you.
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 the federal and state or provincial courts in the jurisdiction where TropischeSupermarkt.nl has its headquarters. You and TropischeSupermarkt.nl agree to the jurisdiction and venue of such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - 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. We will provide you with notice of material changes to these Terms in accordance with applicable law. Such changes will be effective as of the date specified in the notice. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@tropischesupermarkt.nl.
Our contact information is posted below:
[INSERT BUSINESS NAME]
info@tropischesupermarkt.nl
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]