General Terms and Conditions
Thank you for visiting the Twinklerz ("Twinklerz") web site (the"Web Site"). Please note that everything on this Web Site is subject to these General Terms and Conditions, which include the Returns Policy, Refunds Policy, Privacy Policy section and Shipping section, and you should read these before going any further. You are treated as accepting them by using the Web Site in any way including browsing. References in these General Terms and Conditions, to "we" or "us" mean Twinklerz.
These General Terms and Conditions govern all products you enter into a contract to purchase on this Web Site ("Products" and a "Contract" respectively). Variations to these General Terms and Conditions shall only be effective if posted on this Web Site or where specifically accepted and agreed by us in writing.
Intellectual Property Rights
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by Twinklerz and its affiliates, or have been licensed to Twinklerz or its affiliates by their content and technology providers or other rights holders so that Twinklerz or its affiliates can use such material as part of their Web Site.
You are only allowed to use the Web Site and the material contained in the Web Site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of Twinklerz or the owner of the rights in that material.
What you are allowed to do
You may access any part of the Web Site other than those parts which are password-protected. You may access the password-protected sections if we give you a password.
You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with Twinklerz or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".
What you are not allowed to do
You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Allowed to Do" or with the express prior written permission of Twinklerz.
You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all. You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Twinklerz or its affiliates or licensed to Twinklerz or its affiliates by their third party rights owners for use on the Web Site) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.
Governing Law and Contract Formation
You may submit orders to Twinklerz via the Web Site for the sale and/or hire by it to you of any product but no contract will subsist between you and Twinklerz for the sale and/or hire by it to you of any product unless and until Twinklerz confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it. Acceptance by Twinklerz does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract within 28 days of communication of acceptance and is subject to your cooling off period explained below.
In respect of any orders that are placed by telephone, by correspondence or in person, the standard Twinklerz terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these General Terms and Conditions.
Information displayed on the Web Site relating to pricing and availability is subject to change by Twinklerz without notice. The pricing which will apply to your order will be that displayed on the Web Site on the day you make the order.
For the avoidance of doubt, any contract for the sale of any product from the Web Site will be deemed to have been concluded in the Netherlands. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the Dutch laws, and you and Twinklerz irrevocably submit to the exclusive jurisdiction of the Dutch Courts.
Disclaimer as to information on the Web Site
The information in this Web Site is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, Twinklerz is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action.
Twinklerz uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
Twinklerz does not accept any liability for any error or omission in the material or information;
All material and information contained on the Web Site is only provided for the purpose of providing information about Twinklerz and the products and services it supplies;
Twinklerz does not make any representation, term or warranty of any kind in respect of the material or information.
The Web Site includes links to external web sites. These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily. Twinklerz is neither responsible nor liable for the content of these web sites.
Supplier of Products
The Products you purchase will be supplied by Twinklerz, which is located at the address set out below.
Description of Products
Every care has been taken to describe and portray Products on this Web Site accurately using current technology, but variations in actual goods may occur.
Price
The prices of Products are stated on the Web Site and are quoted including VAT applicable to supply in the Netherlands. The prices are subject to change without notice.
Input of Incorrect Information
We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by you.
Liability
Our total liability for any claim howsoever arising shall not exceed the price of the Products supplied by us to you. We shall not be liable for any:
loss of profits;
wasted time;
indirect;
special;
consequential
losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether we were or ought reasonably to have been, aware of the possibility of such losses.
For the avoidance of doubt, our liability for: death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; under Part I of the Consumer Protection Act 1987; fraudulent misrepresentation or in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by these General Terms and Conditions, even if any other term of these General Terms and Conditions would otherwise suggest that this might be the case.
Delay and failure to perform
We shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.
Payment Processing
All payments will be processed by Cardgate payment services, by means of their secure server. For details of their Privacy Policy go to www.cardgate.com. We are not responsible for the processing of payments or otherwise by Cardgate payment services.
Representations
Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by us in writing. Subject to the above statement about fraudulent misrepresentation , in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
Changes to terms and conditions
Twinklerz reserves the right to make any changes to these General Terms and Conditions. By browsing the Web Site and if you choose to buy products you are accepting that you are bound by the then current General Terms and Conditions so you should check these each time you revisit the Web Site.
Variations to these General Terms and Conditions, whether in relation to any Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing.
Our company details & address:
Twinklerz
Peppelenbos 4K
6662 WB Elst GLD
The Netherlands
