Algemene voorwaarden

OVERVIEW
Welcome to KLEINER DENKER! The terms “we,” “us,” and “our” refer to KLEINER DENKER. KLEINER DENKER operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). KLEINER DENKER is powered by Shopify, which enables us to provide you with the Services. 

The terms and conditions set forth below, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers of warranty and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you declare that, in the state or region where you reside, and that you have given us your consent to allow your minor family members to use the Services on devices that you own, have purchased, or manage.
To use the Services—including accessing or browsing our online stores or purchasing products or services we offer—you may be asked to provide certain information, such as your email address, as well as 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 are fully authorized to provide such information.
You alone are responsible for the security of your account login credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services in our online stores as accurately as possible. However, please note that the colors or appearance of the products may differ from those displayed on your screen depending on the device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the depictions in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove products from our lineup at any time and to limit, on a case-by-case basis, the quantities of products we offer to any one person, geographic region, or jurisdiction.

Section 3 – ORDERS
By placing your order, you are submitting an offer to purchase. KLEINER DENKER reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is considered accepted only after confirmation by KLEINER DENKER. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as KLEINER DENKER may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when placing the order.
Returns or exchanges of your purchases are permitted exclusively in accordance with our return policy. 
You represent and warrant that your purchases are intended for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be specified in the order confirmation you receive via email. Unless otherwise expressly stated, the prices listed do not include taxes, shipping, handling, customs, or import fees.
The prices listed in our online stores may differ from prices in brick-and-mortar stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions for our services that may affect pricing and are subject to terms and conditions different from these Terms and Conditions. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.
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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be covered by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping carrier, title and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our services, including but not limited to all brands, trademarks, text, illustrations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of KLEINER DENKER, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. 
These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material contained in the Services. Unless expressly provided herein, no provision of these Terms of Service grants you any license or other rights to patents, trademarks, copyrights, or other intellectual property of KLEINER DENKER, Shopify, or third parties, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by KLEINER DENKER. 
The names, logos, product and service names, designs, and slogans of KLEINER DENKER are trademarks of KLEINER DENKER or its affiliates or licensors. You may not use these trademarks without the prior written permission of KLEINER DENKER. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools offered by third parties as part of the Services, which we cannot monitor, control, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.
Your use of the optional tools offered through the website is solely at your own risk and discretion. You are responsible for reviewing and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 – LINKS FROM THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access at your own discretion. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third-party provider’s policies and procedures and ensure that you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY 
KLEINER DENKER is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our store are transacted directly with KLEINER DENKER. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and KLEINER DENKER, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with KLEINER DENKER.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewedhere. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than the one in which you reside, in order to provide the Services to you. Please see our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “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. For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you are the owner of all Feedback content or have full rights to it; (ii) you have disclosed any compensation or incentives you received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any feedback that we, in our sole discretion, deem to be unlawful, abusive, threatening, defamatory, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party’s intellectual property rights or violates these Terms and Conditions.
You represent and warrant that your feedback does not infringe upon the rights of any third party, including copyrights, trademark rights, data protection rights, privacy rights, or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could interfere with the operation of the Services or any associated website in any way. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties regarding the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions; to change or update information; or to cancel orders at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar promotional activities; (h) to impersonate or attempt to impersonate any other individual or entity; or (i) to engage in any other conduct that restricts or interferes with the use of the Services or that, in our sole discretion, could harm KLEINER DENKER, Shopify, or the users of the Services, or that could subject them to liability. 
Furthermore, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engaging in spam, phishing, pharm, pretext, spidering, crawling, or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, deactivate, or close your account at any time and without notice if we determine that you have violated any part of these Terms of Service.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this Agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without prior notice. You remain liable for all amounts due up to the date of termination.
The following sections shall survive the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim any liability or responsibility arising from your reliance on these materials, or the reliance of other visitors to the Services or any other persons who are made aware of their content.
UNLESS EXPRESSLY STATED BY KLEINER DENKER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, KLEINER DENKER, OUR PARTNERS, DIRECTORS, EXECUTIVES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM CONTENT (OR PRODUCTS) PUBLISHED, transmitted, or otherwise made available through the Services (or products), even if advised of the possibility of such damages. 

SECTION 17 – COMPENSATION
You agree to indemnify, defend, and hold harmless KLEINER DENKER, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties and arising out of (1) your breach of these Terms and Conditions or the documents to which they refer, (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 of any indemnifiable claims, provided that a failure to provide prompt notice does not relieve you of your obligations, unless such failure would cause you significant prejudice. We may direct the defense and settlement of such a claim at your expense, including the selection of legal counsel; however, we will not settle any claim that requires you to assume non-monetary obligations without your consent (which may not be unreasonably withheld). You shall cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE
If any provision of these General Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nevertheless remain in effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall remain unaffected by such a determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and Conditions and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and all separate agreements under which we provide services to you are subject to the federal, state, or territorial courts of the country in which KLEINER DENKER has its headquarters and shall be interpreted accordingly. You and KLEINER DENKER agree to the jurisdiction and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these General Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify, or replace portions of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact support@kleinerdenker.com

 

Mai-Group International Limited

RM03,24/F, HO KING COMM CTR, 2-16 FAYUEN ST, MONG KOK, HONG KONG

Company number: 79874438