Terms and conditions
The following terms and conditions (the "Terms") shall govern your use of the Birth Textile website (the "Site") and the services (together with the Site, the "Service") made available to you under the laws of Denmark.
The Service offers customized prints, specifically posters (the "Products"), directly to customers ("Customers").
Your use of the Service is subject to your (the "User") acceptance of these Terms without modification, as well as all other operating rules, policies, and procedures that may be published on the Site by Birth Textile from time to time.
It is important that you carefully review and understand these Terms before using the Site or the Service. If you do not agree to be bound by these Terms, please refrain from using the Site or the Service.
1.1 The Customer hereby certify to Birth Textile that, if you are an individual (i.e., not a corporation), you are at least 18 years of age. Additionally, you certify that you are authorized to use the Service in accordance with applicable laws and regulations and acknowledge that you bear full responsibility for your selection and use of the Service. Please be advised that this Agreement shall be deemed void in jurisdictions where it is prohibited by law, and as such, your right to access the Service shall be revoked in such jurisdictions.
2. Responsibility of site customers and visitors
2.1 Birth Textile reserves the right, at its sole discretion, to modify this Agreement, including but not limited to, fees, charges, and terms at any time. As a User of the Service, it is your responsibility to review and become familiar with any such modifications. Your continued use of the Service following notification of any such modifications shall constitute your acceptance of the modified terms and conditions.
3. Personal data
3.1 In the event of any violation of the articles of this Agreement or other rules, Users shall be prohibited from using the Site.
3.2 Please be aware that we reserve the right, without limiting other remedies, to limit, suspend, or terminate our Service, prohibit access to our Site, delay or remove hosted content, and take technical and legal steps to prevent Users from accessing the Site if we believe that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
4. Payments and fees
4.1 Upon placing an order for a Product, the current fees will be charged to the User. Birth Textile reserves the right to change the fees from time to time, such as during sales or offers, based on the product price.
4.2 By placing an order through the Site, the User confirms that they are legally entitled to use the means of payment tendered. In the case of card payments, the User confirms that they are either the cardholder or have the express permission of the cardholder to utilize the card to make the payment.
4.3 Birth Textile reserves the right to refuse to process a transaction for any reason or refuse Service to anyone at any time at its sole discretion. Birth Textile shall not be liable to the User or any third party as a result of refusing or suspending any transaction after processing has begun.
4.4 The User is responsible for paying all fees, payments, and applicable taxes associated with the Site and Products. After receiving an order, Birth Textile will send an email to confirm the details, description, and price for the Products ordered.
4.5 Payment of the total price plus delivery must be made in full before dispatch of the Products.
5. Sales tax & Customs
5.1 If the Customer is located outside the territory of the European Union, the Customer shall be responsible for paying any applicable sales tax within their respective jurisdiction. Birth Textile shall not be held responsible for any such sales tax. In the event that the Customer is located within the European Union, sales tax will be included in the price of the Product.
5.2 Customers located outside the European Union may be subject to paying custom duties within their respective jurisdiction. Birth Textile shall not be held responsible for any such duties.
6. Shipping, returns, and right of withdrawal
6.1 Upon placing your order, you have a 4-hour window to make changes to your order. Changes made after this time limit will not be guaranteed.
6.2 Birth Textile will review requests for replacement or refund within 5-7 days of placing the order. If a Product is missing, damaged, or subject to print error, Birth Textile will replace it with a new Product. Refund requests will be processed within 5-7 working days. It is important to note that Birth Textile cannot be held responsible for situations where the Customer has provided incorrect information, such as an incorrect name or address.
6.3 Since our Products are customized, there is no right of withdrawal for the Product after the order has been placed.
7. Description of products
7.1 Each of our Products is described on its specific design page on our Site, and although many component parts are standard, we make every effort to accurately represent each design.
7.2 We continuously develop our Products to provide you with the best design and performance, and therefore reserve the right to change the specifications, pricing, and packaging of Products without prior notice. Before placing an order, we invite you to carefully review the Product description and design.
7.3 We make our best efforts to provide accurate images and descriptions, but cannot guarantee that colors and details in website images are always a 100% accurate representation of the actual Product.
8. Purchase of Products
8.1 When you place an order on our Site, you are making an offer to purchase the Product from us. We will send you an e-mail order confirmation to accept your offer and confirm the details of your purchase. If we are unable to accept your order, we will inform you of this and will not charge you for the Product.
8.2 Birth Textile shall not be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses, or wasted expenditure arising out of or in connection with the use of our Site or purchase of our Products.
8.3 Orders can only be placed and received through our Site. It is the Customer’s responsibility to ensure that they are able to receive the Products and that their delivery information, including address, postcode/zip code, telephone number, and e-mail address, are accurate and up-to-date.
8.4 The Customer must provide all requested information accurately and precisely during the checkout process. We will not be responsible for missed deliveries due to incorrect delivery addresses or contact information. If you need to change the delivery address, please notify us within 4 hours of placing the order.
9. Delivery
9.2 Delivery will be made to the address specified by the Customer on the completed order form. It is the Customer’s responsibility to ensure that the delivery address is correct and accurate.
9.3 Delivery charges and estimated delivery times are stated during the checkout process. The estimated delivery time is calculated from the moment the order is confirmed and depends on the delivery location.
9.4 If a Product is not delivered within the estimated delivery time, the Customer should contact Birth Textile customer service as soon as possible.
9.5 Risk of loss or damage to the Products shall pass to the Customer upon delivery.
9.6 If the Customer is not available to receive the delivery, the courier may attempt to leave the Product with a neighbor or in a secure location. If the delivery is unsuccessful, the courier will attempt to deliver the Product on the next business day. If delivery is unsuccessful on three consecutive business days, the Products will be returned to Birth Textile. The Customer will then be responsible for paying for any further delivery attempts.
10. Personal data and cookies
10.1 By agreeing to this Agreement, the Customer consents to the use of cookies on our Site. Additionally, the Customer acknowledges and accepts that we will collect and process their relevant personal data in order to fulfill their order and deliver the Product. We are committed to protecting the privacy of our Customers and will handle all personal data in accordance with our Privacy Policy.
11. Indemnification
11.1 You agree to indemnify, defend, and hold Birth Textile (and its officers, directors, agents, subsidiaries, joint ventures, 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 this Agreement or your violation of any law or the rights of a third party.
13. Law and Jurisdiction
13.1 In case of any dispute between you and Birth Textile, we recommend that you contact us directly to attempt to resolve the issue. We are willing to consider reasonable requests for alternative dispute resolution methods such as mediation or arbitration.
13.2 Any contracts for the purchase of Products through our Site and any disputes or claims arising from or related to them, including non-contractual disputes or claims, must be resolved by a court located in Denmark.
13.3 Any disputes or claims arising from or related to the Agreement or its formation, including non-contractual disputes or claims, will be subject to the non-exclusive jurisdiction of the courts of Denmark.
14. General
14.1 This Agreement does not create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Birth Textile.
14.2 You confirm that you have obtained all necessary permits to provide us with the Customer’s personal data required to fulfill this Agreement.
14.3 If any provision of this Agreement is deemed invalid or unenforceable, it will be removed, and the remaining provisions will remain in full force and effect. Birth Textile may assign this Agreement at its sole discretion upon notice to you.
The section headings are for reference purposes only and do not limit the scope or extent of any provision. The failure of Birth Textile to act with respect to any breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. Birth Textile does not guarantee that it will take action against all breaches of this Agreement.
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