Terms of Service
This website is operated by Every Day Better.
Throughout the site, the terms “we,” “us” and “our” refer to Every Day Better.
Every Day Better 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 purchasing anything from us, you agree to our “Service” and agree to be bound by the following terms and conditions of service (“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 but not limited to users who are browsers, suppliers, customers, vendors and/or content contributors. Please read these Terms of Service carefully before visiting or using our website.
By visiting 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 of this agreement, you may not visit the site or use any service.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store are also subject to the Terms of Service.
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes. 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 1 – TERMS OF SERVICE FOR ONLINE SHOP By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and that you have given us your permission to allow all of your minor family members to use this site. You may not use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service. You must not send worms or viruses or any code of a destructive nature. A violation or breach of any of the Terms will result in immediate termination of your Services. PART 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transmitted unencrypted and
(a) may include transmissions over different networks; and
(b) modifications to meet and adapt to the technical requirements of connecting networks or devices.
Credit card data is always encrypted during transfers over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written permission from us . The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 – ACCURACY, COMPLETELY AND TIMELY OF INFORMATION We are not responsible if the information made available on this site is not accurate, complete or current.
The material on this site is intended for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current 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 is necessarily not current and is provided for reference only.
We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site.
You agree that it is your responsibility to monitor changes on our site. PART 4 – CHANGES TO SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 – PRODUCTS OR SERVICES Certain products or Services may only be available online through the website.
These products or services may have a limited quantity and can only be returned or exchanged according to our return policy.
Go to Refund Policy to view our return policy We have made every effort to display y as accurately as possible the colors and images of our products that appear in the store.
We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit the sale 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 products or services we offer.
Any descriptions of products or product prices 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 on this site is void where prohibited. We do not guarantee 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. SECTION 6 – ACCEPTANCE OF FACTURING AND ACCOUNTING INFORMATION We reserve the right to refuse any order you place with us.
We may, at our discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may apply to orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address.
In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed.
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 in our store.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as necessary. Please see our return policy for more information. CHAPTER 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement.
We assume no liability arising out of or in connection with your use of optional third-party tools. Any use by you of the optional tools provided through the site is entirely at your own risk and discretion and you must ensure that you are familiar with and agree to the terms under which tools are provided by the relevant third party vendor(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 are also subject to these Terms of Service. SECTION 8 – LINKS TO THIRD PARTIES Certain content, products and Services available through our Service may contain material 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 are not liable or responsible for any third-party materials or websites, or for any other third-party materials, products or services. We are not liable for damages related to the purchase or use of goods, services, resources, content or other transactions that occur in connection with third-party websites.
Please read the third party’s policies and practices carefully and make sure you understand them before entering into any transaction.
Complaints, claims, concerns or questions about third party products should be directed to the third party. SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send certain specific submissions at our request (e.g., contest submissions) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, “comments”) you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use the comments you transmit to us in any medium.
We are not and will not be required (1) to keep any comments confidential; (2) to pay a fee 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms and Conditions.
You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses 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, impersonate anyone 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.
SECTION 10 – PERSONAL INFORMATION Your submission of personal information through the store is subject to our Privacy Policy.
To view our privacy policy, see Privacy Policy.
SECTION 11 – ERRORS, INELIGIBILITIES AND OMISSIONS From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, 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 information in the Service or on any related website is incorrect at any time and without notice (including after you have placed your order).
. We have no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law.
No specified update or renewal date may be applied in the Service or on any related website to indicate that any information in the Service or on any related website has been changed or updated. SECTION 12 – PROHIBITED USE In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its contents:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate international, federal, provincial or state regulations, rules, laws or local ordinances;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, defame, disparage, intimidate or discriminate on the basis of 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 other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or 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 obscene or immoral purposes; 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 the Prohibited Use.
SECTION 13 – Disclaimer of Warranties; LIMITATION OF LIABILITY We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results that may be obtained from the use of the service are accurate or reliable. You agree that we may from time to time remove the service indefinitely or cancel the service at any time, without prior notice to you. You expressly agree that your use or inability to use the Service is at your own risk.
The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use without any representation, warranties or conditions of any kind, 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 event shall Every Day Better, 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, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence) strict liability or otherwise, arising out of your use of the services or products purchased through 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 the content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you are aware of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law. SECTION 14 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Every Day Better and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, defend and indemnify against 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 incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY 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 severable from these Terms.
service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – 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 you or us.
You may terminate these Terms of Service at any time by letting us know that you no longer wish to use our Services, or when you stop using our site. Also, if in our sole discretion you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we 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 may deny you access to our Services (or any part thereof) accordingly.
SECTION 17 – FULL AGREEMENT Our failure 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 with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals
, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter. SECTION 18 – APPLICABLE LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 – CHANGES TO THE TERMS OF SERVICE You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website regularly for changes.
Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 20 – CONTACT INFORMATION Questions about the Terms of Service should be sent to info@everydaybetter.nl.
Our contact information can be found below: Trade name: Every Day Better E-mail: info@everydaybetter.nl Physical address: Bankwerkerij 149, 1021 NT Amsterdam, The Netherlands Trade number: 90968425