General terms and conditions

General Terms and Conditions

This website is operated by Tennis Gifts. Throughout the site, the terms “we”, “us” and “our” refer to Tennis Gifts. Tennis Gifts offers this website, including all information, tools and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein or linked to herein. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, and contributors of content. Please read these Terms carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not use the site or access any services.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in the use of the Service (including copyright laws). Transmitting any worms, viruses or destructive code is prohibited. Violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - 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 over various networks and subject to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission. 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, without our express written permission. Headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information on this site is not accurate, complete or current. The content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate or timely sources of information. Any reliance on the material is at your own risk. This site may contain historical information that is not current and is provided for your reference only. We reserve the right to modify the content at any time, but we have no obligation to update any information. It is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 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 attempted to display as accurately as possible the colors and images of our products, but cannot guarantee that your computer monitor's display will be accurate. We reserve the right to limit the sales of any products or services to certain persons, geographic regions or jurisdictions. We reserve the right to limit the quantities of any products or services. All descriptions and prices of products are subject to change at anytime without notice. 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 will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed under the same customer account, credit card and/or the same billing and shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number you provided. We reserve the right to limit or prohibit orders that 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 at our store and to promptly update your account and other information, such as email address and credit card numbers, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we have no control. You acknowledge and agree that we provide such tools ”as is” and “as available” without any warranties or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools 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 of the relevant third-party provider(s). We may also, in the future, offer new services and features through the website which shall also be subject to these Terms.

SECTION 8 - 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 of these sites and do not assume any liability for any third-party materials, products, or services. We are not liable for any harm or damages related to the purchase or use of third-party goods, services or content. Please review the third-party's policies and practices carefully before you engage in any transaction. Complaints or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain submissions (for example for a contest) or without a request from us you send creative ideas, suggestions or other materials, you agree that we may, at any time, edit, copy, publish and use those comments. We are under no obligation to treat any comments as confidential, to pay compensation for any comments, or to respond to any comments. We may monitor, edit or remove content that we consider unlawful, offensive or otherwise inappropriate. You agree that your comments will not violate any rights of any third-party and will not contain any unlawful, offensive or obscene material. You may not use a false e-mail address or pretend to be someone else. You are responsible for your comments and their accuracy. We take no responsibility for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION The submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for more information.

SECTION 11 - 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, except as required by law.

SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or the Content: (a) for any unlawful purpose; (b) to solicit others to commit unlawful acts; (c) to violate any international, federal, or state regulation; (d) to infringe upon intellectual property rights; (e) to harass or discriminate; (f) to submit false information; (g) to upload viruses or malicious code; (h) to collect personal information about others; (i) to spam, phish, or otherwise misuse; (j) for obscene purposes; or (k) to circumvent security features of the Site or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee 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. You expressly agree that your use of the service is at your sole risk. The service and all products 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. In no event shall Tennis Gifts, our directors, employees, affiliates, agents, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the service or products, including, but not limited to, any errors or omissions in any content. 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.

SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold Tennis Gifts and our subsidiaries, affiliates, officers, agents 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 or the documents they incorporate by reference, 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 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 and 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. These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we determine in our sole discretion that you have failed to comply with any term or condition, 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 may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. These Terms 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. Any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms) are hereby superseded.

SECTION 18 - APPLICABLE LAW These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

SECTION 19 - CHANGES TO TERMS You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION Questions about the terms and conditions can be sent to info@tennisgeschenken.com.

SECTION 21 - GIFT CARD RESIDUAL VALUE Gift cards issued by Tennis Gifts are valid for a period as stated on the gift card or as permitted by law. The remaining value of a gift card cannot be redeemed for cash and can only be used for purchases on our website. If the purchase amount exceeds the value of the gift card, the remaining amount must be paid with another payment method that we accept. If the purchase amount is less than the value of the gift card, the remaining balance will remain on the gift card and can be used for future purchases. Gift cards cannot be returned or exchanged for cash or credit, except as required by law. It is your responsibility to keep the gift card safe and protect it from loss or theft. We are not responsible for lost, stolen or damaged gift cards.