Terms of service

OVERVIEW

Welcome to TailTwist! The terms "we", "us", and "our" refer to TailTwist. TailTwist operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). TailTwist is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any 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, as they contain important information about your legal rights and cover areas such as warranty 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 ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage. To use the Services, including browsing our stores or purchasing any 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 information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs on your account. You may not transfer, sell, assign, or license your account to any other party.

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 appear on your screen due to the type of device you use to access the store and its settings and configuration. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the depiction or description in our store. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and we may limit the quantities of any products that we offer to any 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. TailTwist reserves the right to accept or decline your order for any reason at our sole discretion. Your order is not accepted until confirmed by TailTwist. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. TailTwist may be unable to honor a cancellation request after your order has been accepted. In the event that we do not accept, we change, or we cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed. You may only return or exchange purchases in accordance with our refund policy. 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 notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the confirmation email you receive after placing your order. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling charges, customs duties, or import charges. Prices displayed in our stores may differ from prices in physical stores, or in stores or websites operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and 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, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges you incur in the amounts posted, including shipping charges, handling charges, and all applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for any delays in shipping or delivery. Any delivery time provided is an estimate only and is not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by TailTwist, its affiliates, or its 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 your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of TailTwist, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by TailTwist. The TailTwist names, logos, product names, service names, design elements, and slogans are trademarks of TailTwist or its affiliates or licensors. You may not use such trademarks without the prior written permission of TailTwist. The Shopify name, logo, product names, service names, design elements, and slogans 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 provided with access to third-party tools for customers as part of the Services. We do not monitor or have any control over these tools. 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 have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the 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 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 subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain material and hyperlinks to websites provided 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 may 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 your purchase or use of products, services, resources, or content on third-party websites. 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 and services should be directed to the third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY 

TailTwist uses Shopify to enable us to provide the Services to you. However, all sales and purchases you make in our store are made directly with TailTwist. By using the Services, you acknowledge and agree that Shopify is not responsible for any sale-related aspect between you and TailTwist, including injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases and transactions with TailTwist.

ARTICLE 10 - PRIVACY POLICY

Any 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 confirm 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 provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more information about 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, "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 perform 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 rights necessary to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be under any obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but are under no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that 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 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 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 relating to or on the Services that contains typographical errors, inaccuracies, or omissions that 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, or cancel orders if any information 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 use the Services, directly or indirectly, to (a) engage in any unlawful or harmful activity; (b) violate any international, national, federal, provincial, or state laws, rules, regulations, or local ordinances; (c) infringe upon our intellectual property rights or those of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) submit false or misleading information; (f) knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm TailTwist, 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 affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, 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 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 any time and without prior notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following articles will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. 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. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of any of its contents. EXCEPT AS EXPRESSLY STATED BY TailTwist, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS 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 WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TailTwist, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, WILL NOT 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, 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 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TailTwist, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party arising out of or resulting from (1) your breach of these Terms of Service or the documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you in the event of a claim entitling us to indemnification, provided that any failure to provide timely notice will not relieve you of your obligations except to the extent you are materially prejudiced. We may direct the defense and settlement of any such claim at your expense, including the engagement of counsel, but we will not settle any claim requiring non-monetary obligations of you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of any claims entitling us to indemnification, 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 will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Service. Such determination will not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will 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. These Terms supersede 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 will not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to any other party without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 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 federal and state or provincial courts in the jurisdiction where TailTwist maintains its principal place of business. You and TailTwist consent to the jurisdiction and personal jurisdiction of such courts.

ARTICLE 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO 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. We will post updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. Your continued access to or use of the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@tailtwist.eu.

ELL commerce

KvK: 98096532

VAT: NL868356888B01