Terms of service

OVERVIEW
Welcome to KleurUp! The terms 'we', 'us', and 'our' refer to KleurUp. KleurUp operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). KleurUp is powered by Shopify, enabling us to deliver the Services to you.

The following terms and conditions, including all 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 accessing, 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 with these Terms 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 represent that you are of legal age in your state or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or control.

To use the Services, including browsing or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide accurate descriptions of our products and services. However, the colors and appearance of products may differ from what you see on your screen, depending on your device and its settings.

We do not guarantee that the appearance or quality of products or services will meet your expectations or match their display or description on our website.

All product descriptions may be changed at any time without notice. We reserve the right to discontinue any product and to limit the quantities offered per person, geographic region, or jurisdiction.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. KleurUp reserves the right to accept or decline your order at its sole discretion. Your order is not accepted until KleurUp confirms it. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting. KleurUp may not be able to accommodate cancellation requests after an order is accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the contact details you provided.

You may only return or exchange items in accordance with our refund policy.

You represent and warrant that your purchases are for personal or household use only and not for resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged is the one in effect at the time you place your order and will be confirmed in your order confirmation email. Unless stated otherwise, prices are exclusive of taxes, shipping, handling, customs, and import duties.

Prices shown online may differ from those in physical stores or other online shops operated by third parties. We may offer promotions with separate terms. In case of conflict, the promotion terms prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and payment details so we can complete your transactions and contact you if necessary.

You represent and warrant that (i) your payment information is accurate and authorized, (ii) you are authorized to use the payment method, (iii) charges will be approved by your provider, and (iv) you will pay all incurred charges, including applicable taxes and shipping.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not responsible for shipping delays. Estimated delivery times are not guaranteed. Delays caused by carriers, customs, or other events beyond our control are not our responsibility. Ownership and risk of loss pass to you once we hand over the products to the carrier.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services and all content, including but not limited to trademarks, text, images, graphics, product reviews, videos, and the design thereof, are owned by KleurUp or its licensors and are protected by intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, display, or create derivative works without prior written consent.

Nothing in these Terms grants you any license or rights to KleurUp's or Shopify's intellectual property unless expressly stated.

Unauthorized use may violate laws. All rights not expressly granted are reserved.

KleurUp’s names, logos, and designs are trademarks and may not be used without written permission. Shopify’s trademarks are owned by Shopify. Other trademarks belong to their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
We may provide access to third-party tools. We do not monitor or control these tools.

You agree that access is provided "as is" and "as available," without warranties. Use of optional tools is at your own risk.

New features may be added to the Services and are also subject to these Terms.

ARTICLE 8 - THIRD-PARTY LINKS
Our Services may include content or links to third-party websites. We are not responsible for their accuracy or content. Accessing third-party sites is at your own risk.

We are not liable for any harm related to third-party sites. Review their terms and policies before engaging in transactions.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section describes the relationship with Shopify and must not be removed or modified.]

KleurUp uses Shopify to provide the Services. However, all purchases are between you and KleurUp. Shopify is not responsible for any sales-related matters. By using the Services, you release Shopify from any claims arising from your transactions with KleurUp.

ARTICLE 10 - PRIVACY POLICY
All personal information collected via the Services is subject to our Privacy Policy [LINK]. Some data may also be subject to Shopify's Privacy Policy.

Shopify collects and processes data about your use of the Services to provide and improve them. Your information may be shared with Shopify and third parties in other countries. See our Privacy Policy for more.

ARTICLE 11 - FEEDBACK
If you submit feedback, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use it for any purpose.

You represent that you own the feedback and that it does not violate third-party rights. You are responsible for its content and accuracy. We may remove or edit feedback but are not obligated to do so.

ARTICLE 12 - ERRORS AND OMISSIONS
There may be errors, inaccuracies, or omissions in our Services, including in product descriptions, prices, promotions, and availability. We reserve the right to correct such errors and to cancel orders at any time without notice.

ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. Prohibited uses include but are not limited to violating laws, infringing intellectual property, harassing others, submitting false information, sending spam, impersonation, uploading malware, scraping, or interfering with security features.

We may suspend or terminate your account without notice if you violate these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time. You remain liable for all charges incurred up to termination.

Certain clauses will survive termination, including Intellectual Property, Feedback, and Limitation of Liability.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The Services are provided for general information only. We do not guarantee accuracy or completeness.

UNLESS EXPRESSLY STATED OTHERWISE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.

Some jurisdictions do not allow certain exclusions, so these may not apply to you.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, KleurUp AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SHOPIFY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify KleurUp, Shopify, and their affiliates and representatives from any claims arising from your violation of these Terms, your use of the Services, or your violation of laws or third-party rights.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms is found unenforceable, the rest will remain in effect.

ARTICLE 19 - WAIVER AND ENTIRE AGREEMENT
Failure to enforce a right does not constitute a waiver. These Terms are the entire agreement between you and us.

ARTICLE 20 - ASSIGNMENT
You may not assign your rights without our written consent. We may assign our rights without notice.

ARTICLE 21 - GOVERNING LAW
These Terms are governed by the laws and courts of the jurisdiction where KleurUp is headquartered.

ARTICLE 22 - HEADINGS
Headings are for reference only and do not affect interpretation.

ARTICLE 23 - CHANGES TO TERMS
You can review the latest version of these Terms at any time. We may update them at our discretion. Continued use means acceptance of changes. We will notify you of material changes as required by law.

ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@kleurup.nl.

Our contact details:
KleurUp
Email: info@kleurup.nl
Phone: +31 6 36505520
Chamber of Commerce: 97924245
VAT Identification Number: NL868290324B01