Terms and Conditions

TERMS AND CONDITIONS POLICY

Mosaique

INTRODUCTION

1.1 Purpose of the Terms and Conditions Policy: This document serves as the Terms and Conditions Policy (“Policy”) for itsmosaique.nl (“Website”), a platform operated by Mosaique (“Company”, “we”, “us”, or “our”), a clothing brand reflecting the struggles faced by individuals in their lives. The purpose of this Policy is to govern the use of the Website and its associated services, products, and content.

1.2 Acceptance of the Terms: By accessing, browsing, or using the Website, you (“User”, “you”, or “your”) acknowledge that you have read, understood, and agreed to be bound by this Policy. If you do not agree with any part of this Policy, you must not use the Website.

1.3 Amendments to the Policy: We reserve the right to modify or replace these Terms and Conditions at any time. Such modifications shall become effective immediately upon posting to the Website. It is your responsibility to review this Policy periodically for changes. Your continued use of the Website following the posting of any changes to this Policy constitutes acceptance of those changes.

1.4 Legal Compliance: This Policy is crafted in compliance with the laws of the Netherlands and relevant European Union regulations, including the General Data Protection Regulation (GDPR).

1.5 Scope of the Policy: This Policy applies to all users of the Website, including but not limited to visitors, registered users, customers, and any others who interact or conduct business with the Company through the Website.

USER REGISTRATION AND ACCOUNT

2.1 Account Creation: To access certain features or services of the Website, you may be required to create an account. During the registration process, you will be asked to provide certain personal information, such as your name, email address, and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Responsibilities: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Eligibility: By creating an account, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from using the Website under the laws of the Netherlands or other applicable jurisdiction.

2.4 Data Protection and Privacy: Your registration data and any other personal information you provide are subject to our Privacy and Data Protection Policy, as outlined in section 9 of this document. This policy is in accordance with GDPR regulations, ensuring the protection and confidentiality of your personal data.

2.5 Account Termination: We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. Furthermore, we may terminate your account and your access to the Website for any reason, including, but not limited to, violations of this Policy, abuse of the Website, or unauthorized use of your account by third parties.

2.6 User Conduct: As a user of the Website, you agree to abide by all applicable local, national, and international laws and regulations. You also agree not to impersonate any person or entity, use a false name, or misrepresent your affiliation with a person or entity. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

PRODUCTS AND SERVICES

3.1 Description of Products and Services: Mosaique offers a range of clothing products (“Products”) through its website itsmosaique.nl. These Products are inspired by the theme of life’s struggles and are designed to resonate with our customers’ experiences. The Website provides detailed descriptions, including materials, sizes, and care instructions for each Product.

3.2 Availability of Products: All Products are subject to availability. We reserve the right to discontinue any product at any time. If a Product ordered is not available, we will notify you as soon as possible and you will have the option to either wait until the item becomes available, switch to an alternative product, or cancel your order.

3.3 Product Representation: We endeavor to display as accurately as possible the colors and images of our Products on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

3.4 Changes to Products and Services: We reserve the right to make changes to the Products and Services offered on the Website at any time without notice. This includes adjustments to prices, content, quality, descriptions, and specifications of the Products.

3.5 Intellectual Property Rights: All Products, services, and content provided on the Website, including but not limited to text, graphics, logos, images, and software, are the property of Mosaique or its suppliers and are protected by Dutch and international intellectual property laws.

ORDERING PROCESS

4.1 Placing an Order: To place an order, you must follow the online purchasing process on the Website. After selecting Products, you will proceed to the checkout where you will be asked to provide your personal and payment information. By completing the checkout process, you are making an offer to purchase the Product(s) which, if accepted by us, will result in a binding contract.

4.2 Order Acceptance and Confirmation: An order is considered accepted when we send you an email confirming the dispatch of your order. The contract between us will only be formed when we send you this dispatch confirmation.

4.3 Order Errors: It is your responsibility to check the order details, including specific product features, quantities, and pricing, before submitting your order. If you discover an error in your order after the confirmation, please contact support@itsmosaique.nl immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your new instructions.

4.4 Payment: Payment must be made at the time of placing an order. We accept various forms of payment as indicated on the Website. By submitting an order to us through our Website, you are confirming that the payment details provided on your order are valid and correct.

4.5 Order Cancellation: You may cancel your order any time before it has been dispatched. To cancel your order, you must notify us by email at support@itsmosaique.nl. If the order has already been dispatched, you may return the Products in accordance with our Returns and Refunds Policy outlined in section 7 of this document.

4.6 Refusal of Transaction: We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

PRICES AND PAYMENT

5.1 Pricing Policy: All prices for Products listed on itsmosaique.nl are in Euros and include VAT but exclude any shipping costs. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered into the system. However, it is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced.

5.2 Price Changes: Prices for our Products may change from time to time, but changes will not affect any order you have already placed. We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before (but not after) we accept your order.

5.3 Payment Methods: We accept various payment methods, including credit card, debit card, and other electronic payment methods as indicated on our Website. By submitting your order, you warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Website) to that payment method.

5.4 Payment Security: To ensure that your credit, debit, or charge card is not being used without your consent, we will validate name, address, and other personal information supplied by you during the order process against appropriate third-party databases.

5.5 Invoicing: Upon processing a payment, we will issue an electronic invoice which will be sent to the email address provided during the order process.

5.6 Errors in Billing: In cases of errors or inquiries regarding your billing, contact us immediately at support@itsmosaique.nl. Request for order cancellations in case of billing errors must be made promptly.

SHIPPING AND DELIVERY

6.1 Delivery Regions: We deliver our Products to various international destinations. Please note that there are restrictions on some Products for certain international delivery destinations, so please review the information on our Website carefully before ordering Products.

6.2 Shipping Costs: Shipping costs will depend on the size of your order and the delivery location. These costs will be clearly indicated during the order process and included in the total cost before you finalize your order.

6.3 Delivery Times: Delivery times will vary based on the delivery location. While we strive to ensure that your order is delivered in a timely manner, delivery times may be affected by factors beyond our control, and therefore cannot be guaranteed. We will endeavor to inform you of any significant delays.

6.4 Risk of Loss: The risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for any delays or loss caused by the carrier or customs clearance processes.

6.5 Customs and Import Duties: When ordering Products from itsmosaique.nl for international delivery, you may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.

6.6 Failed Delivery Attempts: In case of a failed delivery attempt, the carrier will leave a notice and will try to deliver again. If you fail to be present for your delivery or do not arrange a new delivery date with the carrier, the order may be returned to us, and you may be liable for any additional shipping and handling costs for re-shipment.

RETURNS AND REFUNDS

7.1 Return Policy: In accordance with our commitment to customer satisfaction, we offer a 14-day return policy. You have 14 days from the date of receiving your order to return any Products. The Products must be returned in their original condition, with all tags attached, and in their original packaging.

7.2 Eligibility for Returns: To be eligible for a return, your item must be unused and in the same condition that you received it. Items that have been worn, used, altered, or damaged will not be accepted for return.

7.3 Return Process: To initiate a return, you must contact us at support@itsmosaique.nl with your order number and details about the product you would like to return. We will provide you with further instructions on how to return the Products.

7.4 Refund Process: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment, within a certain number of days.

7.5 Shipping Costs for Returns: The cost of return shipping will be at your expense and is non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

7.6 Defective or Incorrect Products: If you receive a defective item or an item that is different from what was ordered, please contact us immediately at support@itsmosaique.nl. We will arrange for the item to be returned and for the correct or replacement item to be sent to you.

INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of Intellectual Property: All intellectual property rights in the Products, including but not limited to design, text, graphics, logos, images, and software, are owned by Mosaique or its licensors. These rights are protected by Dutch and international intellectual property laws and treaties.

8.2 Use of Website Content: The content on itsmosaique.nl, including text, graphics, logos, images, and software, is provided for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

8.3 Prohibited Use: You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

8.4 Trademark Information: The Mosaique name, the Mosaique logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mosaique or its affiliates or licensors. You must not use such marks without the prior written permission of Mosaique.

8.5 Copyright Infringement: If you believe that your intellectual property rights have been infringed upon by our Website content, please notify us by sending an email to support@itsmosaique.nl, detailing the alleged infringement.

PRIVACY AND DATA PROTECTION

9.1 Commitment to Data Protection: In compliance with the General Data Protection Regulation (GDPR) and other relevant data protection laws, Mosaique is committed to protecting the privacy and security of our customers’ personal data.

9.2 Data Collection and Use: Personal data collected through itsmosaique.nl may include your name, address, email address, phone number, payment information, and any other information provided when making a purchase, registering an account, or contacting us. This data is used for processing orders, managing your account, and improving our services.

9.3 Data Sharing and Disclosure: We do not sell or rent personal data to third parties. Personal data may be shared with third-party service providers to the extent necessary for them to provide services such as payment processing, order fulfillment, and customer service. These providers are bound by confidentiality agreements and are not permitted to use your personal data for any other purposes.

9.4 Data Security: We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

9.5 Access to Your Data: You have the right to access the personal data we hold about you, to correct any inaccuracies, and to request the deletion of your data. To exercise these rights, please contact us at support@itsmosaique.nl.

9.6 Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@itsmosaique.nl.

DISPUTE RESOLUTION

10.1 Governing Law: These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Netherlands.

10.2 Informal Dispute Resolution: We aim to resolve any disputes amicably. If you have any concerns or disputes about the service, we strongly encourage you to contact us first at support@itsmosaique.nl to seek a resolution.

10.3 Formal Legal Action: If we are unable to resolve the dispute informally, you agree that any claim or dispute that has arisen or may arise between you and Mosaique shall be resolved exclusively by a court located in the Netherlands.

10.4 Alternative Dispute Resolution: You may also have the right to refer your complaint to a dispute resolution body. We will provide you with information about this option if necessary.

10.5 Limitation on Legal Actions: You agree that any cause of action arising out of or related to the Website or your use of the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

TERMINATION OF ACCOUNTS OR SERVICES

11.1 Right to Terminate: Mosaique reserves the right to terminate or suspend your account and access to the itsmosaique.nl website and its services at any time, without notice, for conduct that we believe violates this policy and/or is harmful to other users of the Website, to Mosaique, to third parties, or to the business interests of Mosaique.

11.2 User Initiated Termination: You may terminate your account at any time by sending an email to support@itsmosaique.nl with your request. Upon termination, your account will be disabled, and you may not be granted access to your account or any files or other content contained in your account.

11.3 Effects of Termination: Upon termination, all rights granted to you under these Terms and Conditions will immediately cease. If your account or access to the Website is terminated, Mosaique reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider.

11.4 Handling of User Data Post-Termination: In the event of termination, we will store your data in accordance with our Privacy and Data Protection policy outlined in section 9 and applicable legal requirements.

11.5 Survival: Termination of your account or access to the Website does not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Mosaique or any third party.

ELECTRONIC COMMUNICATIONS

12.1 Consent to Electronic Communications: By using the itsmosaique.nl website, you consent to receiving electronic communications from Mosaique. These communications may include notices about your account and information concerning or related to our service, such as changes to this policy or other information.

12.2 Electronic Notifications: All notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your agreement to this term does not in any way diminish your rights under the GDPR or any other applicable data protection laws.

12.3 Accuracy of Contact Information: It is your responsibility to provide us with a valid email address so that we can communicate with you electronically. You understand and agree that if we send you an electronic communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Mosaique will be deemed to have provided the communication to you.

12.4 Withdrawal of Consent: You may withdraw your consent to receive electronic communications by sending a notice to support@itsmosaique.nl. However, if you decline to receive electronic communications, you may not be able to use certain features of the Website.

LICENSE AND SITE ACCESS

13.1 Grant of License: Mosaique grants you a limited, revocable, and non-exclusive license to access and make personal use of the itsmosaique.nl website. This license does not include any right for resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

13.2 Restrictions on Use: This license does not allow for any resale or commercial use of the itsmosaique.nl site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

13.3 No Reproduction: The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mosaique.

13.4 Framing or Utilizing Framing Techniques: You may not use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of itsmosaique.nl and our affiliates without express written consent.

13.5 Unauthorized Use: Any unauthorized use terminates the permission or license granted by Mosaique and may result in legal action.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

14.1 Disclaimer of Warranties: The itsmosaique.nl website and all information, content, materials, products, and services included on or otherwise made available to you through the website are provided by Mosaique on an “as is” and “as available” basis, unless otherwise specified in writing.

14.2 No Warranties: Mosaique makes no representations or warranties of any kind, express or implied, as to the operation of the itsmosaique.nl website or the information, content, materials, products, or services included on or otherwise made available to you through the website, unless otherwise specified in writing.

14.3 Limitation of Liability: Mosaique shall not be liable for any damages of any kind arising from the use of the itsmosaique.nl website or from any information, content, materials, products, or services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

14.4 Indemnification: You agree to indemnify, defend, and hold harmless Mosaique, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the itsmosaique.nl website or your breach of these Terms and Conditions.

LICENSE AND SITE ACCESS

13.5 Unauthorized Use: Any unauthorized use terminates the permission or license granted by Mosaique and may result in legal action.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CHANGES TO TERMS AND CONDITIONS

15.1 Right to Modify Terms: Mosaique reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the itsmosaique.nl website following the posting of changes will mean that you accept and agree to the changes.

15.2 Notification of Changes: Whenever significant changes are made to these Terms and Conditions, we will endeavor to inform you via email or through a prominent notice on our website.

15.3 Effective Date of Changes: Changes to the Terms and Conditions will be effective immediately upon their posting on the website unless otherwise noted. If you do not agree to the amended terms, you must stop using the itsmosaique.nl website.

15.4 Archival of Previous Terms: Prior versions of the Terms and Conditions will be kept in an archive for your review upon request.

MISCELLANEOUS

16.1 Severability: If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

16.2 Non-Waiver: The failure of Mosaique to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

16.3 Headings: The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

16.4 Entire Agreement: These Terms and Conditions, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the itsmosaique.nl website), constitute the entire understanding and agreement between you and Mosaique concerning the subject matter hereof and supersede all prior understandings and agreements of the parties with respect to that subject matter.

16.5 Assignment: You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Mosaique, which may be withheld at Mosaique’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void.

16.6 Force Majeure: Mosaique shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mosaique’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.