Terms Of Service
TERMS OF SERVICE
TERMS OF SERVICE
This website is operated by Grace & James. Throughout the site, the terms “we”, “us” and “our” refer to Grace & James.
Grace & James offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
SECTION 1 – TERMS AND CONDITIONS OF ONLINE STORAGE
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, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission by us.
The titles in this Agreement are for convenience only and do not limit or affect the Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
SECTION 4 – CHANGES IN SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
CONTRACT FORMATION
Product representations in the online store do not constitute legally binding offers but a non-binding catalog. By clicking the "Buy Now" button, you make a binding purchase offer for the items in your shopping cart. Confirmation of receipt of your order takes place together with the acceptance of the order by automated email.
WARRANTY
Statutory warranty rights apply.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
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.
SECTION 6 – 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 email 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.
For more details, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or authority.
You acknowledge and agree that these tools are provided “as is” and “as available”, without any warranties, representations, or endorsements.
Grace & James shall not be liable for any damages arising from or relating to your use of optional third-party tools.
Use of these optional tools is entirely at your own risk. It is your responsibility to ensure that you are familiar with and agree to the terms provided by the third-party providers offering these tools.
SECTION 8 – LINKS TO THIRD-PARTY PROVIDERS
Some content, products, or services available through our Service may include materials from third parties.
Links to third-party websites may take you away from our site. We are not responsible for verifying or evaluating the content, accuracy, or reliability of third-party websites, nor do we warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.
Please review the policies and practices of any third-party site before engaging in any transaction. Complaints, claims, or concerns regarding third-party products should be directed to the respective provider.
SECTION 9 – COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS
If, at our request, you send certain submissions (for example, contest entries) or, without a request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time and 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:
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to maintain any Comments in confidence;
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to pay compensation for any Comments; or
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to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content 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 Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal rights.
You further agree that your Comments will not contain unlawful, abusive, or obscene material, or contain any computer virus or malware that could affect the operation of the Service or any related website.
You are solely responsible for any Comments you make and their accuracy.
We take no responsibility and assume no liability for any Comments posted by you or any third party.
Note: Any special customs clearance charges or import duties are not included in prices and are the customer’s responsibility.
SECTION 10 – PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy for details.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related 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 in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law.
No specified update or refresh date should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, 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, or state regulations, rules, or laws;
(d) to infringe upon or violate our intellectual property rights or the 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;
(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.
We reserve the right to terminate your access to the Service for violating any of the prohibited uses.
SECTION 13 – 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 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 provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Grace & James, 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—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.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Grace & James and its affiliates, officers, agents, and employees from any claims, damages, or expenses, including reasonable attorney’s fees, arising from your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain fully effective.
The invalid part will be severed without affecting the rest of the Terms.
SECTION 16 – TERMINATION
These Terms remain effective until terminated by you or by us.
You may terminate by notifying us that you no longer wish to use our services.
We may terminate or suspend your access at our sole discretion without notice if you breach these Terms.
You remain liable for amounts due up to termination.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any policies posted on this site constitute the entire agreement between you and Grace & James and supersede all prior agreements, communications, and proposals, whether oral or written.
Ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of the Netherlands.
SECTION 19 – CHANGES TO THE TERMS OF USE
We may update these Terms at any time by posting changes on our website.
It is your responsibility to review them regularly.
Continued use of the Website after changes means you accept those changes.