TERMS + CONDITIONS
PLEASE READ THESE TERMS (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES AVAILABLE THROUGH THIS WEBSITE (THE “SERVICE”). By using or downloading information from this website, you represent that you have read and understand these Terms and agree to be bound by them. If you do not agree with these Terms, in whole or in part, please do not continue to use this website since your continued use (including, but not limited to, placing an offer on a product) constitutes acceptance of these Terms.
SECTION 1 - PARO AS AN ONLINE MARKETPLACE
When you purchase products using the Website, you are purchasing them from third party retailers (hereinafter referred to as “Partner Boutiques”), named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner Boutiques. We are authorised by the relevant Partner Boutiques to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partner Boutiques and the contract between you and the Partner Boutiques in relation to your purchase of the products are set out below.
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.
SECTION 2 - CHANGES TO ONLINE STORE
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.
SECTION 3 – ACCURACY
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.
SECTION 4 - PRODUCT SPECIFICATIONS
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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 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.
SECTION 5 - ORDERS
By completing the checkout process and placing an order, you are offering to purchase the products from the relevant Partner Boutiques (and not directly from us). Your order for the products is subject to these Terms which are incorporated into the contract between you and the relevant Partner Boutique. All orders are subject to availability and confirmation of the order price.
By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
(a) Formation of the contract between you and the Brand(s)
The identity of the Partner Boutique is shown on the product page of the relevant products, in your basket when the products are added and on the order confirmation page when you place an order.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner Boutique. The contract between you and the Partner Boutique in relation to the products will not be formed until we have checked that the Partner Boutique accepts your order. If the Partner Boutique accepts your order, we will send you an email confirming this, which will also include details of shipping and details for tracking your shipment. The confirmation email sent by us on behalf of the Partner Boutique concludes the contract with you. The confirmation email will include a description of the products included in the order and certain other information about your rights to cancel the contract between you and the Partner Boutique. Only those products listed in the confirmation email are included in the contract between you and the Partner Boutique.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partner Boutique, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner Boutique, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping and Returns” page for further details. The delivery costs applicable to your order will be clearly displayed on the Website before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner Boutique outside of your territory, you may need to pay import duties upon receipt of the products. If they are not included, neither we nor the Partner Boutique have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information before placing your order.
Once we have verified your payment details and the Partner Boutique has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we experience a problem or problems processing your order, we will contact you directly.
We reserve the right not to submit your order to the Partner Boutiques, and the Partner Boutiques reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation. We try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. We will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The products will be delivered to you directly by the Brands so your order may be delivered in multiple deliveries.
SECTION 6 – CANCELLATION
If you are qualified as a Consumer (as defined below), you shall be entitled to cancel an order without giving reason 14 days from the day that you, or a third party indicated by you, received the Products.
For the sake of clarity, this right of cancellation:
- only applies to consumers (any natural person acting outside a trade or profession) (a “Consumer”) and therefore does not apply to any person acting in the exercise of their trade or profession; and
- does not apply to Products made to your specifications or clearly customized to your personal needs.
You shall be obliged to inform the us of your decision to cancel by email to firstname.lastname@example.org within this 14 day period.
We will reimburse all payments received from you for the Products purchased without undue delay and you will incur no fee as a result of such reimbursement. We may withhold reimbursement until we have received the Products back.
You shall be obliged to send back the Products to the Seller following the instructions given without undue delay and in any case by no later than 14 days from the day on which you communicated to us the cancellation of the order.
You will bear the costs of returning the Products.
You may lose the right of cancellation if the value of the Products returned diminishes due to the handling of the Products.
SECTION 7 – NON-CONFORMITY
If a Product shows a defect or does not have the characteristics which you were entitled to expect (a “Non-conformity”) after delivery, you shall (by email to email@example.com) notify us promptly.
We shall, if the Product shows a defect or in case of Non-conformity, at our discretion, make an effort to:
- provide missing Products (if any);
- repair Products (if possible and reasonable);
- replace Products; or
- (partially) reimburse the costs.
In any case of a defect, Non-conformity or any other breach of the agreement, our liability shall be limited to the aggregate amount of the order.
We shall not be held liable for the Non-conformity or defects of Products that are customized to your specifications or Products that are clearly customized to your personal needs if the defect or Non-conformity is a result of your design or preferred customization.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, 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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 - 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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. 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 10 - 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. 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.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, 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, provincial or state regulations, rules, laws, or local 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, or disability; (f) to submit false or misleading information; (g) to 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 Service or of 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 or 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 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our 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.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, 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.
In no case shall PARO, 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 (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PARO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - 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 are effective unless and until terminated by either you or us. You may terminate these Terms 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 sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 18 – JURISDICTION
Any disputes which may arise out of or in connection with these Terms and which cannot be settled amicably, shall be brought before the competent court in Amsterdam, the Netherlands, which shall have non-exclusive jurisdiction in connection with such dispute. This means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Amsterdam or in the EU country in which you live.
SECTION 19 - CONTACT INFORMATION
If you have any further questions regarding any of these Terms, please contact us at firstname.lastname@example.org;