Terms & Conditions

GENERAL TERMS AND CONDITIONS

 

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OVERVIEW

 

This website is operated by Vicious Department. The terms "we", "us", "our" and "our" on this site refer to Vicious Department. Vicious Department offers this website and all information, tools and services made available to you through this website to you - the user - conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.

 

By accessing our site and/or purchasing anything from us, you are using our "Service" and agree to be bound by the following terms and conditions (hereinafter referred to as "Terms and Conditions" or "Terms and Conditions"), including any additional terms and policies referenced or linked to below. These Terms and Conditions apply to all users of the site, including users visiting the site, suppliers, customers, merchants and/or persons contributing content.

Please read these Terms and Conditions carefully before accessing or using our website. If you access or use parts of the site, you agree that these Terms and Conditions are binding on you. If you do not agree to all the provisions of this agreement, you may not visit the website or use any of the services. To the extent that these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.

 

The General Terms and Conditions also apply to any new features or tools that may be added to the current shop. The applicable version of the General Terms and Conditions can always be found on this page. We reserve the right to amend, modify or replace all or part of the General Terms and Conditions by publishing updates and/or changes on our website. You are responsible for checking this page regularly to see if anything has changed. If you continue to use the website after we have published changes, it means that you accept those changes.

Our shop is hosted by Shopify Inc. They provide us with the online commerce platform that allows us to sell our products and services to you.

 

 

ARTICLE 1 - TERMS AND CONDITIONS ONLINE SHOP

 

By agreeing to these Terms and Conditions, you certify that you are of legal age under the laws of your country of residence, or that as an adult under the laws of your country of residence you have given us permission for minors for whom you are responsible to use this site.

 

You may not use our products for any unlawful or unauthorised purpose. You must also not infringe the laws of your jurisdiction (including copyright laws) when using the Service.

 

You must not transmit any worms, viruses or harmful code.

 

Your failure to comply with any provision of these Terms and Conditions will result in the immediate termination of your Services.

 

 

ARTICLE 2 - GENERAL PROVISIONS

 

We reserve the right to refuse our Services to anyone for any reason and at any time.

 

You acknowledge that your content (except credit card data) may be transmitted without encryption and that this may involve (a) transmission over different networks; and (b) modifications to the data to meet technical requirements imposed by connected networks or devices. Credit card data is always encrypted when transmitted over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or element on the website providing the Service without our express written consent.

 

The headings in this Agreement are for your convenience only and do not modify or otherwise affect these Terms.

 

 

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if any information on this site is inaccurate, incomplete or out of date. The material on this site is provided as general information only and should not be used as the sole basis for decisions, without consulting primary, more accurate, complete or up-to-date sources of information. If you rely on the material on this site, you do so at your own risk.

 

This site may contain certain historical data. Historical data, by its nature, is not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that you are responsible for checking changes to our site.

 

 

ARTICLE 4 - CHANGE OF PRICES AND SERVICE

 

The prices for our products are subject to change without notice.

 

We reserve the right to modify or discontinue the Service or any part thereof periodically and without notice.

 

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

 

 

ARTICLE 5 - PRODUCTS OR SERVICES (where applicable)

 

Certain products or services may be offered exclusively online through the Website. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.

 

We make every effort to display the colours and images of our products in shop as accurately as possible. However, we cannot guarantee that your computer screen will display all colours correctly.

We reserve the right to restrict the sale of our products or Services to certain persons, regions or jurisdictions, but are under no obligation to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or Services we offer. All descriptions and prices of products may be changed by us at any time and at our sole discretion, without notice. We reserve the right to discontinue offering a product at any time. Any offer on this site for a product or service is void where such offer is prohibited.

 

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

 

 

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any orders you place with us. Purchases may be restricted or cancelled by us at our discretion, on a per person, per household or per order basis. These restrictions may also be imposed for orders by or through the same customer account or credit card, and/or orders with the same billing and/or delivery address. If we change or cancel an order, we may notify you using the e-mail address and/or billing address or telephone number you provided when placing the order. We reserve the right to limit or refuse orders that we believe have been placed by merchants, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information each time you purchase from our shop. You agree to always promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

 

Please read our Return Policy for more information.

 

 

ARTICLE 7 - OPTIONAL TOOLS

 

We may give you access to third-party tools that we do not control ourselves and over which we have no control or input.

 

You agree that access to such tools is provided to you on an "as is" and "as available" basis, without any warranty, condition or support thereof from us. We shall not be liable in any way for or in connection with your use of optional third party tools.

 

You use any optional tools provided through the Site entirely at your own choice and risk, and you must ensure that you have read and agreed to the terms under which such tools are provided by the relevant third party providers.

 

If we proceed to offer new services and/or features through the Site (such as the release of new tools and resources), these Terms and Conditions shall apply to such new features and/or services.

 

 

ARTICLE 8 - THIRD PARTY LINKS

 

Certain content, products and services available through our Service may contain material from third parties.

 

Third-party links on this Site may direct you to external websites with which we have no connection. We are under no obligation to examine or review the content or accuracy, and we make no warranties and accept no liability for any third-party materials or websites or other materials, products or services provided by third parties.

 

We shall not be liable for any damages or disadvantage concerning the purchase or use of goods, services, tools or content or other transactions, related to third-party websites. Please study the policies and practices of the third party carefully before entering into any transaction with them. Complaints, claims, concerns or queries about third-party products should be directed to that third-party.

 

 

ARTICLE 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

 

If you submit anything at our request (e.g. in the context of a competition) or voluntarily send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by regular mail or otherwise (together referred to as "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you transmit to us at any time and without limitation. We are under no obligation to (1) keep any comment confidential; (2) pay a fee for any comment; or (3) reply to any comment.

Without being obligated to do so, we may monitor, edit or remove any content that we, in our sole discretion, find to be unlawful, abusive, threatening, malicious, defamatory, pornographic, obscene or otherwise objectionable or to infringe these Terms and Conditions or the intellectual property rights of any party.

You agree not to post comments that infringe the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights or other subjective or property rights. You further agree not to post comments containing defamatory or otherwise unlawful, offensive or obscene material, or containing computer viruses or other malware that may affect the operation of the Service or any related website. You must not use false e-mail addresses or impersonate anyone else, or otherwise mislead us or third parties as to the source of any response. You are solely responsible for all comments you post and for their accuracy. We do not accept any responsibility or liability for comments posted by you or any third party.

 

 

ARTICLE 10 - PERSONAL DATA

 

Our Privacy Policy governs how we collect and use personal data. Please read our Privacy Policy here.

 

 

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Our Site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transportation times and availability. If information in the Service or on any related website is inaccurate, we reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders at any time, without notice (including after you have placed an order).

 

We do not undertake to update, modify or clarify information in the Service or on any related website, including pricing information, unless we are required to do so by law. If the Service or any related website states a date when information has been updated or renewed, this does not mean that all information in the Service or on any related website has been changed or updated.

 

 

ARTICLE 12 - PROHIBITED USES

 

In addition to other prohibitions contained in the Terms and Conditions, you may not use the Site and its contents:

(a) for unlawful purposes; (b) to induce others to commit or participate in unlawful acts; (c) to violate international, national or local laws and regulations; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, damage, discredit, defame, belittle, intimidate or discriminate against people on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age or disability; (f) to transmit false or misleading information;

(g) to engage in uploading or transmitting viruses or other harmful code that may or will be used in a manner that impairs the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spam, phishing, pharming, pretexting, spiders, crawling or scrapping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security 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 pursuant to this prohibited use provision.

 

 

ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY

 

We do not guarantee that our Service will be uninterrupted, timely, secure or error-free during your use.

 

We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that we may periodically remove the Service for an indefinite period of time and terminate it at any time without prior notice to you.

You expressly agree that you use the Service entirely at your own risk, and that you bear the sole risk of any unavailability of the Service. The Service and all products and services provided to you through the Service are (unless we expressly provide otherwise) provided to you as is ("as is") and to the extent available ("as available"), without any express or implied warranty of any kind, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.

In no event shall Vicious Department, our directors, officers, affiliates, agents, representatives, work contractors, contractors, interns, suppliers, service providers or licensors be liable for any prejudice, loss, damage or claim or any direct, indirect, incidental or special damages, punitive damages, or consequential damages of any kind, including damages from loss of profits, loss of revenue, loss of savings or data, replacement costs or any similar damages, whether in contract, tort (including negligence) in strict liability or otherwise, arising out of your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of Service or any product, including claims for errors or omissions in content, or any loss or damage of any kind incurred as a result of using the Service or any content (or any product) posted, transmitted or otherwise made available through the Service, even if we have been advised of the possibility of such damages.

As some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.

 

ARTICLE 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Vicious Department and our parent company, subsidiaries, affiliates, partners, directors, officers, (commercial) agents, work contractors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claim or demand made by any third party, including for reasonable legal fees, arising out of any breach by you of these Terms and Conditions or the documents incorporated by reference therein, or any breach by you of any provision of law or regulation or the rights of a third party.

 

 

ARTICLE 15 - SEVERABILITY

 

If any provision of these General Terms and Conditions is unlawful, void or unenforceable, such provision shall remain in force to the fullest extent permitted by law and such provision shall be deemed severable from these General Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.

 

 

ARTICLE 16 - TERMINATION

 

The commitments and obligations entered into by the parties prior to the date of termination shall continue to apply in all cases after the termination of this agreement.

 

These Terms and Conditions shall remain in force until terminated by you or by us. You may terminate these Terms and Conditions at any time by informing us that you no longer wish to use our Services, or by ceasing to visit our website.

If in our sole discretion we believe or suspect that you have breached any provision of these Terms and Conditions, we may terminate this agreement at any time and without notice and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also deny you access to our Services (or any part thereof).

 

 

ARTICLE 17 - ENTIRE AGREEMENT

 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

These Terms and Conditions and any policies or operating rules published by us on this website or in relation to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all previous and existing oral and written agreements, communications and proposals between you and us (including previous versions of the Terms and Conditions).

If any provision of these General Terms and Conditions is open to multiple interpretations, it cannot be interpreted against us.

 

 

ARTICLE 18 - APPLICABLE LAW

 

These Terms of Service and any other agreements pursuant to which we provide you the Services shall be exclusively executed and construed in accordance with the laws of Orduynenstraat 42, 's-Hertogenbosch, Noord-Brabant, 5231NN, the Netherlands.

 

 

ARTICLE 19 - AMENDMENTS TO THESE TERMS OF SERVICE

 

The current version of the Terms of Service can always be found on this page.

 

We reserve the right to amend, modify or replace the Terms and Conditions in whole or in part at our discretion, by publishing updates and changes on our website. You are responsible for checking our website regularly to see if anything has changed. If you continue to visit our website or use the Service after we have published changes to these Terms and Conditions, it means that you accept those changes.

 

 

ARTICLE 20 - CONTACT DETAILS

 

Questions about these Terms and Conditions should be sent to support@vicious-department.com

 

VAT: NL003712902B67
ICC: 82666679

 

Last updated: 20-05-2023