Algemene voorwaarden

OVERVIEW

Welcome to Pen&Pixel! The terms 'we', 'us', and 'our' refer to Pen&Pixel. Pen&Pixel operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalised shopping experience (the 'Services'). Pen&Pixel is powered by Shopify, enabling us to provide the Services to you.

The following Terms of Service, including any 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 visiting, 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, you may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in the state or province where you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase, or control.
To use the Services, including visiting or browsing our webshops 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 declare and warrant that all information you provide in our shops is accurate, current, and complete, and that you possess all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login 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 description of our products and services in our webshops. However, please be aware that product colours and appearance may differ from how they are displayed on your screen. This is related to the type of device you use to access the shop and its 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 webshop.
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, geographical region, or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS
When you place an order, you make an offer to purchase. Pen&Pixel reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once Pen&Pixel has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Pen&Pixel may not be able to honour a cancellation request after your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number you provided during the ordering process.
You cannot currently return, exchange, or send back purchases. This means all sales are final.
You declare and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export.

ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless expressly indicated otherwise, listed prices are exclusive of taxes, shipping costs, handling fees, customs duties, and import charges.
Prices displayed in our webshops may differ from prices in physical stores, or in webshops or other shops operated by external parties. We may from time to time offer promotions for the Services which may affect pricing and are subject to separate terms and conditions distinct from these Terms. In case of any discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and correct purchase, payment, and account information for all purchases made in our shops. 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 declare and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorised to use the credit card for purchases; (iii) your expenses will be approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the displayed prices, including shipping costs, handling fees, and all applicable taxes, where applicable.

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. Once we have handed the products over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Pen&Pixel, 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 solely for personal, non-commercial purposes. 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 permission. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or any other rights under any patent, trademark, copyright, or other intellectual property of Pen&Pixel, Shopify, or a third party. Unauthorised 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 Pen&Pixel.
The names, logos, product names, service names, design elements, and slogans of Pen&Pixel are trademarks of Pen&Pixel or its affiliates or licensors. You may not use such trademarks without the prior written permission of Pen&Pixel. 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 have access to customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control or influence over 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 are in no way liable for any damages arising from or related to your use of optional third-party tools.
Your use of optional tools offered via the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third party(ies).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are 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 materials or websites of third parties that you may wish to access. If you decide to leave the Services to access such materials or third-party 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 your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This article accurately describes Shopify's relationship with your store and should not be removed or modified.]
Pen&Pixel uses Shopify to enable us to provide the Services to you. However, all sales and purchases you make in our shop are handled directly with Pen&Pixel. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Pen&Pixel, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities that may arise from or be related to your purchases and transactions with Pen&Pixel.

ARTICLE 10 – PRIVACY POLICY
All personal information we collect via 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 confirm that you have read the relevant Privacy Policy.
As 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 for you. Information you submit via the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you live, so they can provide services to you. Please read our Privacy Policy [LINK] 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 transfer 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 licence to execute, deliver, evaluate, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further declare and warrant that (i) you are the owner of 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 not now, nor in the future, obligated 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 determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise unacceptable, 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 copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback does not contain libellous or otherwise unlawful, abusive, or obscene material, nor any computer viruses 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, impersonate another person, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or a third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information provided in or via the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, 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 incorrect, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USE
You may only use the Services 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 laws, regulations, provisions, or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or other persons; (e) to submit false or misleading information; (f) to submit, receive, upload, download, use, or reuse material knowingly that does not comply with these Terms; (g) to submit or facilitate the submission of advertising or promotional material, including junk mail, chain letters, spam, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in activities that restrict or prevent others from using the Services, or that, as determined by us, may be harmful to Pen&Pixel, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or send viruses or other types of malicious code that may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) disrupt 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 provisions 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 remain liable for all amounts due up to and including the date of termination.
The following articles shall also 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
Information provided on or via the Services is provided solely for general informational 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, other visitors to the Services, or any other persons who are informed of its content.
UNLESS EXPRESSLY STATED BY Pen&Pixel, THE SERVICES AND ALL PRODUCTS OFFERED VIA 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Pen&Pixel, 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 INJURY, LOSS, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 VIA THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS 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 CONTENT (OR A PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pen&Pixel, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party resulting from or arising out of (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your breach 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 giving rise to indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced thereby. We may assume the defence and settlement of such a claim at your expense, including engaging legal counsel, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are obligated to cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY
If any provision in these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and all policies or operating rules posted by us on this site or related to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

ARTICLE 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is 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 pursuant to which we provide you our Services shall be governed by and construed in accordance with the laws of the jurisdiction where Pen&Pixel has its registered office. You and Pen&Pixel agree to submit to the jurisdiction and personal jurisdiction of the relevant court.

ARTICLE 22 – HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.

ARTICLE 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time.
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 regularly for changes. We will send you a notice regarding material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. If you continue to access or use the Services after changes to these Terms of Service have been made, this signifies your acceptance of those changes.

ARTICLE 24 – CONTACT DETAILS
Please direct any questions about the Terms of Service to us at penandpixel.info@gmail.com.
Our contact details are as follows:

Pen & Pixel 
penandpixel.info@gmail.com
Nijenheim 6310, 3704 BM, Zeist, The Netherlands 
+31 6 532 00 507 
93510470 
NL005024149B58