Article 1- Definitions
Article 2- Corporate Identity/Seller
Article 3- Overview
Article 4- Online Store Terms
Article 5- General Conditions
Article 6- Accuracy, Completeness and Timeliness of Information
Article 7- Products or Services
Article 8- The Distance Agreement to Purchase
Article 9- Pricing
Article 10- Length transactions: duration, termination and extension
Article 11- Payments
Article 12- Delivery and Execution
Article 13- Risk
Article 14- Right of Withdrawl
Article 15- Withdrawl Costs
Article 16- Exclusion Right of Withdrawl
Article 17- Warranties
Article 18- Optional Tools
Article 19- Third Party Links
Article 20- User comments, Feedback and Other Submissions
Article 21- Intellectual Property
Article 22- Proprietary Rights
Article 23- Personal Information
Article 24- Errors, Inaccuracies And Omissions
Article 25- Prohibited Uses
Article 26- Disclaimer Of Warranties; Limitation Of Liability
Article 27- Indemnification
Article 28- Termination
Article 29- Entire Agreement
Article 30- Governing Law And Jurisdiction
Article 31- Changes To Terms Of Service
Article 32- Contact Information
Article 1 – DEFINITIONS
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the Buyer can execute the right of withdrawal.
Buyer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the Seller.
Day: Calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Right of Withdrawal: the possibility for the Buyer to terminate the distance agreement within the consideration term.
Seller: MOD International BV, Fijnjekade 221, The Hague, 2521 DT, The Netherlands
Distance Agreement: an agreement based on a corporate organized system of distance sales of goods and services including the closing of an agreement using one or more techniques of distant communication.
Goods: means the goods or services which the Seller sells on the basis of a distance agreement to the Buyer.
Order: means the Buyer's offer to enter into a distance agreement from the Seller, as submitted by the Buyer to the Seller via the Order page on the Website.
Order Confirmation: means the Seller's written confirmation that it will sell Goods to the Buyer in accordance with an Order from the Buyer.
Purchase Price: means the price to be paid by the Buyer for the Goods, as set out in the Order Confirmation, and any applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling.
Sales Period: means the time period which begins at such time and date determined by the Seller where the Seller advertises a particular Good on the Website or otherwise and is accepting Orders for such Good, and ending on the time and date determined by the Seller where the Seller stops accepting Orders for such Good.
Article 2- CORPORATE IDENTITY/SELLER
MOD International BV acting as Makers of Design(dot)com
2521DT The Hague
Chamber of commerce registration No: 61820970
VAT identification number: NL854503274B01
Article 3- OVERVIEW
This website is operated by MOD International BV. Throughout the site, the terms “seller”, “we”, “us” and “our” refer to MOD International BV. The “buyer”, “you” refers to the vistor to the site and/or the buyer as per the definition above. MOD International BV 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 site and/ or entering into a distance agreement with 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, including without limitation users who are browsers, vendors, buyers, suppliers, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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. We reserve the right to update, change or replace any part of these Terms of Service 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.
You agree that all purchases are for personal use and will not be resold to other persons for any reason whatsoever.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Before the distance agreement is concluded, the text of the terms and conditions will be presented to the Buyer. By clicking the 'Accept' button the Buyer agrees to these terms and conditions. By completing and submitting the following electronic order form the Buyer is making an offer to enter into a distance agreement which, if accepted by us, will result in a binding contract.
These terms and conditions are in the English language. They can be downloaded or printed by going to the appropriate page on the website. Should the Buyer require or it is required by law to have these terms and conditions in an other language or in the language of the country in which the Buyer is entering into this distance agreement, then the buyer can or must request this at xxx@makersofdesign(dot)com.
Article 4- ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence.
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 but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Article 5- GENERAL 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 (a) transmissions over various networks; and (b) 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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Article 6 - 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. You agree that it is your responsibility to monitor changes to our site.
Article 7 - PRODUCTS OR SERVICES
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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime 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 do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Article 8 – THE DISTANCE AGREEMENT TO PURCHASE
1. Buyer may submit an Order to Seller during a Sales Period. Seller has the sole discretion to determine the beginning, duration and end of all Sales Periods. Seller may terminate a Sales Period at any time, in its sole discretion.
2. All Orders are subject to acceptance by the Seller, evidenced as the Seller issuing an Order Confirmation. The Buyer’s Order constitutes an offer to enter into a distance agreement to purchase Goods at the Purchase Price in accordance with these Terms and Conditions, and is not binding on the Seller unless and until the Seller has issued an Order Confirmation. Taking payment from the customer's method of payment does not indicate acceptance. While the Buyer’s method of payment may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately. If the Buyer would like to change or cancel an order, the Buyer can contact Customer Service (mailto:mod@makersofdesign(dot)com) within six hours of finalizing the distance agreement. MOD INTERNATIONAL BV will do its best to accommodate the request. MOD INTERNATIONAL BV CANNOT change or cancel an order that has entered into the shipping process.
3. At any time during and after the sale is made to the Buyer, the Seller reserves the right to reject the Buyer's Order in whole or in part without any liability to the Buyer, for any reason or for no reason, as determined by the Seller in its discretion, including if the Goods are unavailable due to unforeseen circumstances (including Orders exceeding reasonably anticipated demand), or are in imperfect condition at the expected time of shipment.
4. The Seller may reject, cancel an Order and refund the purchase amount for which an Order Confirmation has been issued for the following reasons:
- The advertised price and/or Purchase Price on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by the Seller from any person, including the Buyer or for any other reason;
- Orders received by the Seller for a particular Good exceed the Seller’s reasonably anticipated demand;
- The description of the Goods on the Website, the Order and/or the Order Confirmation is incorrect due to a typographical error, failure to update, or inaccurate information received by the Seller from any person or for any other reason. All content on the Website, including any descriptions, specifications, drawings or prices of the Goods, is published for guidance only. The Buyer acknowledges that such information is provided to the Seller by third party manufacturers and that the Seller is not liable for mistakes in such information. Seller’s sole remedy in such event is to return the Goods in accordance with the return procedure set out below.
5. In the event of a rejection or cancellation as set out in Sections 3 or 4, the Seller has no liability or obligation to the Buyer beyond the financial sum to be refunded and has no obligation to source an alternate supplier of the Goods, find a replacement Good, and/or pay any consideration to the Buyer.
6. The Seller may make minor modifications / substitutions in the design and specification of the Goods at any time without notice to the Buyer, even if an Order Confirmation has been issued. In the case of material modifications to the Goods, the Seller shall notify the Buyer of such material modifications. The Buyer may accept or reject the Good as modified within 48 hours of the email being sent by the Seller. If the Seller has not received a response from the Buyer within this time period, the Seller will refund the Purchase Price as per the original payment method(s) and cancel the Order, even if an Order Confirmation has previously been issued.
Article 9- PRICING
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product or 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.
Prices for Residents in the European Union
Prices apply which are displayed on the webpage at the time of ordering. All prices from MOD Interational BV are gross prices including Dutch VAT, which is generally 21%. The total price is visible - as soon as you select your country - during the checkout-process and before confirming your order.
Prices for Residents outside the European Union
As soon as you select your country - during the checkout-process and before confirming your order, our prices will be shown as netto prices (excluding VAT/Sales taxes).
All advertised prices shown on the Website are exclusive of freight, shipping and handling. Any such fees and charges that are charged to or collected by the Seller are added to the advertised price, as shown in the Order Confirmation and are the responsibility of the Buyer.
MOD INTERNATIONAL BV relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the Buyer. If the Goods are shipped from a supplier in the European Union to a location outside of The European Union or from a supplier outside of the European Union into the Eurpean Union; or other similar situation worldwide, there may be additional export/import duties, tariffs, charges, taxes and other fees which are levied on the Goods. The Buyer is responsible for payment of any such amounts. Please note that the Seller has no control over these amounts and cannot predict how much they will be. Please contact your local customs office for further information before placing your order.
Article 10- LENGTH TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Seller has the sole discretion to determine the beginning, duration and end of all Sales Periods. Seller may terminate a Sales Period at any time, in its discretion.
The Buyer agrees 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 so that we can complete your transactions and contact you as needed.
The Buyer will pay the Purchase Price in accordance with the procedures set out in the Seller's website.
All payments will be serviced by PAYLANE . One can pay in any method that they provide.
Taking payment from the Buyer's method of payment does not indicate order acceptance. While the Buyers method of payment may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.
Article 12- DELIVERY AND EXECUTION
1. The place for delivery of the Goods will be set out on the Order Confirmation.
2. Any dates quoted for delivery of the Goods are estimates only. Time for delivery will not be of the essence and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
3. The delivery of Goods may arrive in separate shipments if a Buyer purchases multiple products per order. In the event that the quantity of Goods delivered is less than the quantity of Goods as indicated on the accompanying invoice or bill of lading, the Buyer shall accept the Goods delivered, shall note the shortage on the carrier’s bill of lading, if possible, and shall notify the Seller of the shortage. For clarity, the Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an Order. The Buyer shall pay for such delivered Goods as if it was a delivery of an Order in instalments.
4. If the Goods are alleged to be damaged on delivery, a description of the alleged damage or Fault must be given in writing to the carrier at the time of delivery, if the alleged damage or Fault is obvious upon receipt. The Buyer must notify the Seller of the damage. The Buyer must notify the Seller of any short delivery or Goods damaged in delivery, in writing, within three days of delivery. If the Buyer fails to do so within this time, the Goods are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In addition buyer must show Seller the original box that the product was delivered in when a claim is made that the product was damaged in order for Seller to evaluate a damaged goods claim. If the original box that the goods were delivered in is not available Goods are deemed to be delivered in good condition in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the invoice number, Order Confirmation number, delivery note number and details of the claim. In the case of a valid claim for damaged Goods, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of import/export or customs duties, tariffs, charges and/or other charges, as per the Buyer’s original method(s) of Purchase. Damaged Goods must be returned to the Seller. In the case of a short shipment, other than a shipment that has been partially cancelled pursuant to Section 3 or 4 (in Orders and Acceptance), the Seller shall deliver the outstanding portion of the Order. In either case, the Seller will thereafter have no further liability to the Buyer for the short shipment or damaged Goods
5. The Seller reserves the right to make delivery of the Goods by instalments, without notice to the Buyer.
6. If the Buyer fails to take delivery of the Goods, the Seller may pursue any remedy legally available, including either or both of the following:
1. The Seller may store the Goods until actual delivery is effected and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
2. Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Purchase Price.
7. Goods may not be returned to the Seller except as provided in MOD INTERNATIONAL BV Return Policy
Article 13- RISK
1. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the address set out in the Order Confirmation.
2. All such Orders reported as delivered by the carrier shall be deemed to be delivered to and received by the Buyer. The Seller is not responsible for any lost or stolen Orders; the Buyer is solely responsible for selecting a secure delivery location.
3. In the case where a signature or other proof of receipt is required by the carrier upon delivery, any signature on that document, or other proof of receipt, will constitute conclusive evidence of delivery of the Order to the Buyer.
Article 14- RIGHT OF WITHDRAWL
Deliverance of products:
After purchasing products the Buyer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the Buyer receives the product.
During the cooling off period the Buyer shall treat the product and the package carefully. He shall NOT USE the goods he has received before deciding to withdraw from the purchase. The right to withdraw exists to allow one to examine the product in the same way as you would in a shop If he does want to execute the right of withdrawal, he shall return the product with all accessories and in the original conditioning and packaging to the Seller, in accordance with the provided reasonable and clear instructions of the Seller.
To exercise the right of withdrawal, the Buyer must unequivocally inform MOD of his decision to withdraw from the purchase. He can do this by requesting a withdrawl form from support@mod(dot)com. The form must be included in the return sending. It is not enough to just send the goods back.
Article 15- WITHDRAWL COSTS
If the Buyer executes the right of withdrawal, he will have to pay no more than the costs of returning the product. However, the Seller can charge the BUYER additional delivery costs if he specifically requested non-standard (express) delivery.
If the Buyer has made a payment, the Seller shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 16 - EXCLUSION RIGHT OF WITHDRAWL
The Seller can exclude the right of withdrawal of the Buyer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the Seller has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by the Seller according to specifications of the Buyer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
- Whose price is bound to fluctuation on the financial market which the Seller has no influence
- Individual newspapers and magazines
- For audio and video recordings and computer software of which the Buyer has broken the seal.
Article 17- WARRANTIES
The only express warranties that apply to the Goods are those issued by the respective manufacturer, if applicable. Such warranties, if applicable, are exclusive and to the maximum extent permitted by law, the Seller expressly excludes all other warranties, representations, guarantees or conditions of any kind, including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular or general purpose.
Article 18 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Article 19 - 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.
Article 20 - 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or 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, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.
Article 21- INTELLECTUAL PROPERTY
The Makers of Design.com logo, name, and other marks indicated on the Website are trade-marks and/or registered trade-marks of Global Reach NV in EU and/or other jurisdictions. Makers of Design.com's graphics, logos, page headers, button icons, scripts and service names are the trade-marks or trade dress of Global Reach NV. Makers of Design trade-marks and trade dress may not be used in connection with any product or service that is not Makers of Design.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Makers of Design.com. All other trade- marks not owned by Global Reach NV that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Global Reach NV.
Article 22- Proprietary Rights
1. MOD INTERNATIONAL BV relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right on the part of MOD INTERNATIONAL BV or any supplier with respect to any such image, logo or name.
2. Copyright Infringement - Notice and Take Down Procedures: Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: mod@makersofdesign(dot)com
Article 23 - PERSONAL INFORMATION
Article 24 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 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, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Article 25 - PROHIBITED USES
In addition to other prohibitions as 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, 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.
Article 26 - 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 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.
In no case shall MOD International BV, 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 for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 27 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOD International BV 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Article 28 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).
Article 29 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Article 30- GOVERNING LAW AND JURISDICTION
1. To the extent permitted by law and except if restricted or prohibited by law, these Terms and Conditions shall be governed by and construed in accordance with the laws the Netherlands.
2. The parties expressly exclude the operation of the United Nations Convention on Contracts for the International Sale of Goods.
3. In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
4. Nothing in these terms and conditions shall operate to deny or limit any rights of, or the seller's liability to, any buyer who is a consumer as defined pursuant any applicable legislation in the buyer’s local jurisdiction, which rights such buyer may have at law. In the event of conflict between these terms and conditions and any such rights, the latter shall prevail in favor of the buyer.
Article 31 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Article 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@makersofdesign(dot)com