Terms of service
OVERVIEW
Welcome to Bar2Charge! The terms “we,” “us,” and “our” refer to Bar2Charge. Bar2Charge operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Bar2Charge is powered by Shopify, so that we can provide the Services to you.
The following terms and conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or control.
In order to use the Services, including visiting or browsing our storefronts or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login information and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our online stores. However, please be aware that product colors and appearance may vary slightly from how they appear on your screen. This is due to the type of device you use to access the store and to your device’s settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the representation or description in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and may limit the quantities of products we offer per person, geographic region or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Bar2Charge reserves the right to accept or decline your order for any reason at its sole discretion. Your order is only accepted once Bar2Charge confirms it. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. Bar2Charge may not honor a cancellation request after your order has been accepted. In the event we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided during the checkout process.
You may return or exchange purchases solely in accordance with our refund policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place your order, as stated in the confirmation email you receive after your order. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling charges, customs duties, and import duties.
Prices displayed in our online stores may differ from prices in physical stores, online stores, or other stores operated by third parties. We may occasionally offer promotions for the Services that may affect pricing and are subject to terms and conditions that are separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the terms of the promotion will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, when any changes occur so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay all charges you incur according to the prices displayed, including shipping, handling and any applicable taxes, if any.
ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Upon our delivery to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of Bar2Charge, its affiliates or its licensors, and are protected by patent, copyright, and intellectual property laws of the United States and foreign countries.
These Terms permit you to use the Services 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 material from the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Bar2Charge, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Bar2Charge.
The Bar2Charge names, logos, product names, service names, design elements, and slogans are trademarks of Bar2Charge or its affiliates or licensors. You may not use such trademarks without the prior written permission of Bar2Charge. The Shopify name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans contained in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services. We do not monitor and have no control over or influence over these tools.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever for any harm arising from or relating to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites to which you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any damages or injuries related to your visit to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You should contact the applicable third party directly with any complaints, claims, concerns, or questions regarding third-party products or services.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This section details Shopify’s relationship with your store and should not be removed or modified.]
Bar2Charge uses Shopify to provide you the Services. However, all sales and purchases you make in our store are handled directly with Bar2Charge. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related matter between you and Bar2Charge, including any injuries, damages, or losses resulting from any products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Bar2Charge.
SECTION 10 - PRIVACY POLICY
Any personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read that Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, so that they can provide you services. Please read our Privacy Policy [LINK] to learn more about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with your Feedback submission; and (iii) your Feedback complies with these Terms. We are and will not be obligated to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove any Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, abusive, pornographic, obscene or otherwise unacceptable or violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate or infringe upon the rights of any third party, including copyrights, trademarks, privacy, publicity or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information provided on or in the Services that contains typographical errors, inaccuracies or omissions. This information 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. We may also cancel orders if any relevant information is inaccurate at any time without prior notice (including after you have submitted an order).
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal or provincial law, regulation, ordinance, or local ordinance; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or other similar methods; (h) to impersonate or attempt to impersonate any person or entity; or (i) otherwise engage in any activity that restricts or inhibits any other person from using or enjoying the Services, or which, as determined by us, may harm Bar2Charge, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time and without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general information purposes only. We make no warranties or representations as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Bar2Charge, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Bar2Charge, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bar2Charge, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs and expenses relating to any loss, damage, liability, or claim, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that is entitled to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless it would materially prejudice you. We may arrange the defense and settlement of any such claim at your expense, including attorneys' fees, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withheld). You must cooperate with the defense of any claim subject to indemnification, including by supplying relevant documents.
SECTION 18 - SEVERABILITY
If 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 to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision in connection with 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 in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to anyone without our prior written consent. Any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide you our Services shall be governed by and construed in accordance with the jurisdiction of the federal, state, or provincial courts located in the county in which Bar2Charge has its principal place of business. You and Bar2Charge consent to the jurisdiction and personal jurisdiction of such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can 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. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued access to or use of the Services after any changes to these Terms of Service are posted constitutes your acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at info@bar2charge.nl.
You can find our contact details below:
Bar2Charge
Molenstraat 122
5701 KJ Helmond
085-799 18 04
info@bar2charge.nl
NL864266133B01
87326825