Terms of service

OVERVIEW
Welcome to Powder Fashion! The terms "we", "us" and "our" refer to Powder Fashion, located at Graslelie 50, 2224 JV Katwijk aan Zee, the Netherlands (Chamber of Commerce 78089492). Powder Fashion operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Powder Fashion is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights. Nothing in these Terms limits the rights you have as a consumer under Dutch and European law.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://powderfashion.com/policies/privacy-policy). If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 16 years old, or that you use the Services with the permission of a parent or guardian.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You confirm that all the information you provide is correct, current and complete.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We make every effort to show our products as accurately as possible. Colours and product appearance may differ slightly from how they appear on your screen, depending on your device and its settings.

Every item is printed to order. Small variations in print position and colour are normal for this production method and are not considered a defect.

Product descriptions may change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer.

SECTION 3 - ORDERS
When you place an order, you make an offer to purchase. Your order is accepted once we send you an order confirmation by email. We may decline an order, for example in case of an obvious pricing error or suspected fraud. If we decline, change or cancel an order, we will contact you using the email address, billing address or phone number you provided.

Because every item is printed to order, we can only change or cancel an order before it goes into production. Contact us as soon as possible at info@powderfashion.com.

Your right to return items is described in our Refund Policy (https://powderfashion.com/policies/refund-policy). As a consumer in the European Union, you have the right to withdraw from your purchase within 14 days of receiving your order, as described there.

You confirm that your purchases are for your own personal use and not for commercial resale.

SECTION 4 - PRICES AND PAYMENT
Prices, discounts and promotions may change without notice. The price you pay is the price shown at the time you place your order, as stated in your order confirmation. Prices for customers in the European Union include VAT. Shipping is free. For orders outside the European Union, local import duties or taxes may be charged on delivery, as described in our Shipping Policy (https://powderfashion.com/policies/shipping-policy).

We may run promotions with their own terms and conditions. If the terms of a promotion conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate payment and account information for all purchases, and to keep this information up to date. You confirm that you are authorised to use the payment method you provide.

SECTION 5 - SHIPPING AND DELIVERY
Orders are processed within 1 to 2 working days and delivered within 4 to 10 working days, depending on the destination. These delivery times are estimates. We are not responsible for delays caused by carriers, customs or events outside our control. If your order has not arrived within 30 days, contact us and we will find a solution. Full details are in our Shipping Policy (https://powderfashion.com/policies/shipping-policy).

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all designs, prints, trademarks, brands, text, images, graphics, product reviews, video and audio, and the selection and arrangement thereof, are owned by Powder Fashion, its affiliates or licensors and are protected by copyright and other intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services, including our designs, without our prior written consent.

Powder Fashion's name, logo, designs and slogans are trademarks of Powder Fashion. You may not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and trademarks on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS
We may give you access to tools offered by third parties as part of the Services, which we do not monitor or control. These tools are provided "as is" and "as available". Your use of such tools is at your own risk, and you should make sure you agree with the terms of the relevant third-party provider.

New features we add to the Services in the future are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of third-party websites, or for any products or services you purchase there. Please review the policies of any third party before you engage in a transaction with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Powder Fashion is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Powder Fashion. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Powder Fashion, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Powder Fashion.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (https://powderfashion.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.

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 for you. Information you submit may be shared with Shopify and third parties located in other countries in order to provide the Services to you.

SECTION 11 - REVIEWS AND FEEDBACK
If you send us reviews, photos, ideas, suggestions or other content ("Feedback"), you give us a free, worldwide, non-exclusive licence to use, reproduce, publish and display that Feedback, for example on our website and social media. We will only show your first name and the initial of your last name unless you agree otherwise.

You confirm that you own the rights to your Feedback, that it is truthful, and that it does not contain anything unlawful, offensive or infringing. We may remove Feedback that violates these Terms.

SECTION 12 - ERRORS AND INACCURACIES
Information on the Services may occasionally contain errors, for example in product descriptions, prices, promotions or delivery times. We reserve the right to correct errors and to update information. In case of an obvious pricing error, we may cancel the order and will refund any payment in full.

SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services to break any law, infringe our intellectual property or that of others, harass or harm others, spread false or misleading information, send spam, impersonate another person, upload malicious code, collect personal information of others, or use bots, scrapers or other automated means to access the Services without our permission. We may suspend or close your account if you violate these Terms.

SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent by including "Agent/[agent name]" in the user agent string; (ii) not conceal that any interaction is from an Agent, for example by mimicking human behaviour or circumventing CAPTCHAs; (iii) respond truthfully to any question asking whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to control whether and how Agents access the Services.

SECTION 15 - TERMINATION
We may end your access to the Services at any time if you violate these Terms. You remain responsible for any amounts due up to the date of termination. Sections that by their nature should continue to apply after termination, such as Intellectual Property, Feedback, Limitation of Liability, Governing Law and Privacy Policy, will continue to apply.

SECTION 16 - WARRANTY
Our products come with the statutory warranty that applies under Dutch and European consumer law: a product must meet what you may reasonably expect from it. If a product you receive is faulty or incorrect, contact us at info@powderfashion.com and we will send you a replacement or a full refund, including shipping costs.

The general information on the Services is provided for information purposes only. We do our best to keep it accurate and complete, but we cannot guarantee that the Services will always be uninterrupted or error-free.

SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by law, Powder Fashion, Shopify and their affiliates, employees, contractors and service providers are not liable for indirect or consequential damages, such as lost profits or loss of data, arising from your use of the Services. Our total liability for any order is limited to the amount you paid for that order. This limitation does not apply in case of intent or gross negligence, and it does not limit any rights you have as a consumer under mandatory law.

SECTION 18 - INDEMNIFICATION
You agree to compensate Powder Fashion and Shopify for any claims by third parties, including reasonable legal costs, that result from your breach of these Terms, your violation of any law or the rights of a third party, or your misuse of the Services.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, that provision will be applied to the fullest extent permitted by law, and the remaining provisions will remain in full force.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT
If we do not enforce a right or provision of these Terms, this does not mean we waive that right. These Terms and the policies referred to in them form the entire agreement between you and us regarding the Services and replace any earlier versions.

SECTION 21 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms, provided this does not reduce your rights as a consumer.

SECTION 22 - GOVERNING LAW AND DISPUTES
These Terms are governed by Dutch law. If you live in another country of the European Union, you also keep the protection of the mandatory consumer law of your country of residence. Disputes will be submitted to the competent court in the Netherlands, unless mandatory law gives you the right to go to a court in your own country.

If you have a complaint, please contact us first at info@powderfashion.com. We aim to reply within one working day. You can also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

SECTION 23 - HEADINGS
The headings in these Terms are for convenience only and do not affect their meaning.

SECTION 24 - CHANGES TO THESE TERMS
You can always find the current version of these Terms on this page. We may update these Terms from time to time. The version that applies to your order is the version published at the time you placed it.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to info@powderfashion.com.

Powder Fashion
Graslelie 50
2224 JV Katwijk aan Zee
The Netherlands
Email: info@powderfashion.com
Phone: +31 6 82000773
Chamber of Commerce (KvK): 78089492
VAT number: NL003284903B91