COLD WASH ("us", "we" and "our"), is a service from and operated as guided by and stated in the Terms of Service Notice below. Offered on this website, including but not limited to all given information and services from this website to you ("your", "user", "users", "buyer", "buyers", "customer" and "customers"), is conditioned upon your acceptance of this Terms of Service Notice. By visiting our website and/or making a purchase of any of our products, you accept and approve that you have read, understood that you are to be bound by the herein stated Terms of Service (“Service”, “Terms”), including any additional terms and conditions and/or policies that are stated in this agreement and/or are accessible by hyperlink. If you do not agree to all the terms and conditions in this notice, then you may not access the website or use any services provided by us. The Service stated below is applied to you when you use any current or future COLD WASH service(s) (including but not limited to your account or profile) or visit/buy from businesses affiliated with COLD WASH, whether or not included in COLD WASH. Please read and understand this Service Notice carefully before using or accessing our website. All products or services and information displayed by COLD WASH compose an "invitation to offer". You compose your “offer” if you order or purchases a product from our website. This offer is subject to the Terms of Service Notice as listed below. The right to accept or deny your offer for any reason at any time is reserved by COLD WASH. Any new products and/or features that are added to the current (web)store shall be subject to this Terms of Service Notice. The right to update, change or replace any part of this Service Notice by posting updates and/or changes at any time to this website is reserved by COLD WASH. It is your responsibility to check our website periodically for changes in the Service Notice. COLD WASH reserves the right to change the prices of our products without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice (to you) at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service. By your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We use WIX.com Ltd. as an online e-commerce platform to host our webstore, this allows us to sell our products and services to you.
Terms for Online E-commerce Store
By agreeing to this Terms of Service Notice, take full responsibility for that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minors to use this site or that you are at least the age of majority in your state or province of residence. None of our products can be used by, including but not limited to, you for any illegal or unauthorized purpose neither can you, violate any laws in your jurisdiction, including and not limited to copyright laws, using any of our services. You must not transmit any code of a destructive nature or worms or viruses on our website. If you breach or violate any of the Terms included in this or any Terms written before the current, this will result in an immediate termination of your Services with us.We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
COLD WASH reserves the right to refuse Service to anyone for any reason at any time. You agree not to replicate, copy, sell, resell or exploit any portion of this Terms of Service Notice, use of this Terms of Service Notice, or access this Terms of Service Notice or any contact on the website through which the Service is provided, without the explicit written permission by us. Headings are used in this agreement for understanding and convenience only and will not limit or otherwise affect this Terms of Service Notice.
Online Information and Communication
By visiting COLD WASH or transmitting emails to us, you agree that you understand that you are communicating electronically with COLD WASH. Therefore, you are thus giving your consent to receive electronic communications from COLD WASH. We may communicate with you by email or within other COLD WASH platforms. You agree that any and all notices, disclosures and other communications provided to you electronically meet a legal requirement that such communications must be written.
We are not liable to you or to any third-party for inaccurate, incomplete or not current information that is made available on our website or through any hyperlinks. Content on our website is provided for general information only. You should not rely upon or use this information as the sole basis for making decisions without primarily consulting, more accurate, more complete or more timely information sources regarding COLD WASH and/or our activities. If you rely in any way, only on the material on this website you are at your own risk. We reserve the right to change the contents of this website at any time, but we have no obligation to update or change any information on our website or any other channels. At its sole discretion, we may also provide other services governed by different Terms of Service Notices. By agreeing to this Terms of Service Notice you agree that it is your responsibility to monitor changes to our website.
Erroneousness Of Information
COLD WASH reserves the right to correct any erroneous information (“typographical errors”, “inaccuracies” or “omissions”), within our website or this Terms of Service Notice and to change or update information or cancel orders if any information in the Terms of Service Notice or on any related website/hyperlink is inaccurate at any time without prior notice (including after you have submitted your order). Erroneous information, including but not limited to, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability are also subject to this right. COLD WASH is not obligated to update, amend or clarify information in this Terms of Service Notice or on any related website/hyperlink, including but not limited to, pricing information, except if and as required by (Dutch) law. If a specified date for a update or a refresh is applied on our website or in this Terms of Service, this should not be taken to mark that all information on our website, in this Terms of Service or on any website/hyperlink is or has been modified/updated/refreshed.
Online Product Information
The availability of certain products or services may be limited to our website. COLD WASH reserves the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Products or services that may have limited quantities or as described above are subject to return or exchange only according to our Return Policy. We try to be as specific as possible on our website about products and product information including product quantity of stock available, size, colour, type, availability and product description. While we try our best to ensure that product and/ or other information on our website is correct, it is possible that the website may contain typographical errors or inaccuracies. COLD WASH reserves the right, but is not obligated, to correct any errors, inaccuracies or omissions and to change and update information on our website at any time without prior notice (including and not limited to after you have submitted an order). Please also note that we cannot guarantee that the display of colour of images on our website will be accurate and some may vary because the colours of the products you will see on the website depend on (the colour of) your monitor/screen. If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for delivery to you (some items may return in stock and dates are subject to change). If a product will not restock and is unavailable, you will be entitled to cancel your order and receive a refund from us (if you have already been charged on your Credit Card/ PayPal account). Information provided about products on the website is for information purposes only. All descriptions of products or the pricing of products are, at the sole discretion of us, subject to change at anytime without notice. Before using any of our products please make sure you read and understand all labels, warnings and directions provided by the product.
Imagery of products on our website are only for illustrative purposes. Product colours of the products you purchase may vary slightly from the colours in the images of these products on our website.
Any offer for any product or service made on this site is empty if or where prohibited. We can and do not guarantee that any products, services, information, or other material purchased or obtained by you will meet the quality of your expectations. We neither guarantee that any errors in the Service will be corrected.
Prices of the products you purchase are as stated on our website at the time you turn in your order. When the information that is relevant is entered into the system we take all reasonable care to ensure the information, including but not limited to the prices of the products are correct. Changes to prices of our products, which may change from time to time, will not affect any our that has already been placed by you. Product prices on our website include VAT (if/where applicable). Product prices do not include delivery charges. During the check-out process the delivery charges are advised to you. Please check our shipping information page for the relevant delivery charges. Despite our reasonable effects when entering data into our system it is always possible that some products are not priced correctly. Please note that we do not have to provide you products for incorrect prices if the pricing error can be reasonably recognised by you as mis-priced and/or is unmistakable and obvious.
COLD WASH reserves the right to refuse any order placed by you with us, we may limit or cancel quantities purchased as well. We reserve the right to exercise this right per person, per household or per order. This right may be exercised on orders including orders that are placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. When canceling or changing an order we may contact you by your e-mail and/or billing address/phone number that you provided at the time the order was submitted. If orders that, in our sole judgement, seme to be placed by resellers, distributors or dealers we reserve the right to cancel or limit that order. By agreeing to the Terms of Service Notice you agree to provide us with the most current, accurate and complete purchase and account information when purchasing our products. Account information, includes but is not limited to your name and surname, e-mail address, shipping and billing addresses, phone number, payment details.
You agree to update your account and other information promptly, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if/as needed.
Delivery Of Products
You can find our shipping policy, including delivery cost and delivery time by destination on our “Shipping - Returns” page. Our aim is to deliver your order by the estimated date indicated in the confirmation email you receive when you place an order. When no estimate of the delivery date is given in the confirmation email you receive, we will try to deliver your order within 30 days of the date of your confirmation email. In the event of a delayed delivery for any reason that is within our control, we will do our best to inform you of the estimated date of delivery, if possible. If we fail to deliver your order within 30 days of the confirmation email, not including a delayed order, please note that you are entitled to cancel the order and be refunded the amount that you paid for that order. From the time that your order is delivered to you the ownership and risk of the products within that order will be passed to you.
Links From Third-Parties Or To This Website
Some content on our website may include third-party material/hyperlinks to third-party websites. These websites may not be affiliated with us, therefore we do not take responsibility for examining or evaluating content or the accuracy of that content. COLD WASH will not warrant and/or will not be liable or responsible for any third party websites or materials (on those websites). COLD WASH will not be liable for, but not limited to, any harm or damages affiliated with the use or purchase of products and/or services of any third-parties. It is your responsibility to carefully review and understand the policies and practices of the third-party before engaging in any transaction. Any problems regarding products of third-parties, including but not limited to, complaints, claims, concerns or questions should be directed to the third-party in question.
You may provide a link to our home page, provided that you do this is a legal and fair way (no framing) and a way that does not cause any damage to our reputation or that takes advantage of our reputation. If you set up a link to our home page you can not do this in any way that suggests any form of association, approval or endorsement from our part if/where none exists. Our website or content from it can not and must not be framed on other websites and/or apps. Links to this website can only link to our homepage, we reserve the right to withdraw permission for linking without any notice (to you).
User Remarks, Suggestions, Feedback Or Submissions
If we receive from you, with or without our request, any remarks, suggestions, plans, proposals, creative ideas, specific submissions or other similar content/material, whether through online email, post mail or through any other medium (jointly called “comments”), you hereby agree that we may use, without any restrictions and/or at any time, any comments we receive from you. “Use” includes, but is not limited to, copy, reproduce, edit, translate, distribute or use in any other medium. If we receive complaints we will follow our own handling procedure to try and/or resolve any disputes if/when they first arise. We are not obligated to maintain any comments confidential, respond to any comments forwarded to us or pay compensation for any comments or any content from comments sent to us. COLD WASH reserves the right, but is not obligated, to remove, edit or monitor any content that we determine as unlawful in our sole discretion as offensive, threatening, slanderous, denigrating, of pornographic nature, obscene or otherwise condemnable or violates any involved party’s intellectual property or this Terms of Service Notice. By accepting this Terms of Service Notice you agree that you understand and that your comments will not violate any right of any (involved) third-party, including but not limited to privacy, personality, copyright, trademark or any personal or proprietary right reserved by (law by) the third-party. You agree that the content you forward us through comments will not contain harming software, or any computer virus or other malware that in any way may affect the operational nature of the service provided by us or (that of) any related website. You hereby agree that you may not mislead us or third-parties by providing us or a third-party with a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties. You hereby agree that you are solely responsible for any comments you make and their content and/or accuracy. COLD WASH takes no responsibility and will not be liable for any comments posted by you or any third-party.
Disclaimer Of Liability And Warranties
COLD WASH does not guarantee, represent or warrant that the use of our service or website by you will be uninterrupted, timely, secure or error-free. COLD WASH does not warrant that the results that may be obtained from the use of our website or of our service will be accurate or reliable. You hereby agree that we may remove, from time to time, the service or cancel the service at any time, without notice to you, for indefinite periods of time or cancel the service in full. You hereby expressly agree that the use of, or inability to use, our service or our website by you is at your sole risk. All products and services delivered to you by us through our service or website are, except if/and as explicitly stated by us, provided 'as is' and 'as available' for use by you. We hereby reserve the right that we are not obligated for any representation, warranties or conditions of any kind, either explicit or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
COLD WASH or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are in no case, unless expressly stated to the contrary to the fullest extent permitted by law, liable for any damages, 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, data that is lost, costs of/for replacement, or any similar damages, whether such damages were foreseeable or arise from/based in contract, tort, strict liability or otherwise, arising from your use of any of the service we provide, the website or any products obtained by you using our service or our website, or for any other claim related in any way to your use of our website or the service we provide 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 through our website or the service we provide, even if advised of their possibility. This does not affect COLD WASH liability for personal injury or death arising from fraudulent, misrepresentation, negligence or misrepresentation to a fundamental matter or any other liability.
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 by law.
You agree to indemnify, defend and hold harmless COLD WASH and its directors, officers, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of breach of the Terms of Service or the documents they incorporate by hyperlink or reference by you, or your violation of any law or the rights of a third-party.
If the event occurs that any portion of this Terms of Service Notice is determined to be unenforceable, void or unlawful, then that part of the Terms shall, to the fullest extent permitted by applicable law, nonetheless be enforceable. The unenforceable portion of the Terms of Service shall be deemed to be severed from these Terms of Service. In the event of such severance this shall not affect the validity and enforceability of any other remaining provisions, they will remain in full force and effect.
Termination of Service
Any obligations and liabilities of the parties contracted prior to the termination date shall survive the termination of this agreement (or Service) for all purposes. This Terms of Service Notice is effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any terms or provisions of this Terms of Service Notice, we reserve the right, but are not obligated, to terminate this agreement at any time without notice and you will remain liable for any and all amounts due up to and including the date of termination, and/or accordingly to any failure of compliance with our Terms, may deny you access to our services and/or any part of it or our website. Please note that you may terminate this Service at any time by notifying us that you no longer wish to use our services or our website, or when you stop using our site.
Waiver Of Rights
If we do not exercise or enforce any right or portion of this Terms of Service Notice it shall not constitute a waiver of such right or portion, we will still be entitled to use this right or portion and any remedies in any other situation if you breach the Terms. The Terms any other policies or rules for operating that are posted by us on our website constitute the entire agreement and understanding between you and COLD WASH. This entire agreement will govern your use of the Service, superseding and including but not limited to any prior versions of the Terms of Service or any written agreement between you and COLD WASH. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of COLD WASH. Any uncertainties in the interpretation of the Terms of Service shall not be held against the drafting party.
The Terms and any separate agreements whereby we provide you services are to be construed and governed in accordance with the laws of Amsterdam. In the event that any dispute or claim will arise associated with this Terms of Service Notice, that dispute or claim shall be subjected exclusively to the jurisdiction of the Dutch courts. Any dispute or claim shall be settled in Amsterdam.