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Terms & Conditions

The Vartega Design (the “Company”, “we” or “us”) website, content, services and products and all content, services and products available at or through the Website are governed by the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions also govern in general your use of the Website and your relationship with us. The Website is owned and managed by us. The Website is offered for use subject to your acceptance without modification of all of these Terms and Conditions contained herein below, and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time on the Website (collectively, the “Agreement”).

Before accessing or using the Website, please read the Agreement (in particular, these Terms and Conditions) carefully, as they affect your rights and liabilities under the law. Do not access or use the Website or our services if you do not agree to all of these Terms and Conditions. If you have any questions on the Agreement or any of these Terms and Conditions, please contact info@vartegadesign.com.

Use of the Website

The Website is provided to you for your use subject to these Terms and Conditions. By using the Website you agree to be bound by the Agreement (in particular, these Terms and Conditions). Although we will normally only refuse use of the Website if these Terms and Conditions are violated, we reserve the right to refuse use of the Website to anyone for any reason at any time.

Your use of the Website

You may not use the Website for any of the following purposes:

  • interfering with any other person’s use or enjoyment of the Website; or
  • making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.

You will be responsible for our losses and costs resulting from your breach of this provision.

Your payment / Orders on the Website

The orders placed on the Website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from Vartega Design. Vartega Design is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Vartega Design in advance.

Delivery of your Order

The delivery type “Standard Shipping” is done via international registered PostNL. At the time it is only possible to ship orders within the Netherlands. Extra country’s will be added soon. For Additional information about shipping, check our Shipping page.

The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service’s office. Please contact the national postal service of your country to check the way packages are delivered.

Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. Vartega Design does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and Vartega Design will not be responsible for any fees (such as communications) incurred.

If the initial shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received.

Availability of the Website

Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it to info@vartegadesign.com and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

Third party Websites

The Website includes links to other websites and webpages (“Third Party Websites”). We have not reviewed, and cannot review, all of the material made available through the Third Party Websites to which the Website links and that link to the Website. We do not have any control over the Third Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third Party Website, we do not represent or imply that we endorse such Third Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites.

Intellectual Property

The Content we display on the Website (the “Vartega content”) is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the Vartega content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Vartega content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party’s intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the Vartega logo, and all other trademarks, service marks, graphics and logos used in association with Vartega or on the Website are the trademarks or registered trademarks or other intellectual property rights of the company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, graphics and logos.

Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material.

Changes

We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. You should nonetheless periodically review the up-to-date version of these Terms and Conditions the Website. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).

Site Errors

In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.

Indemnification

You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions).

Disclaimer of Warranties

The Website is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Liability

You understand that when using the Vartega Design’s Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.

Vartega cases are fashion items made to wear around your phone. They can be used to protect your phone, but they are not primarily build for that. Vartega Design is not liable for any damages directly or indirectly, after the delivery by any cause whatsoever caused to the customer, the customer’s phone, to the customers property or to property of third parties.

Limitation of Liability

To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

Advertising and Sponsorship

Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website.

International use

We make no promise that material on the Website is appropriate or available for use in locations outside The Netherlands. Access to the Website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website from locations outside The Netherlands, you do so on your own initiative and you will be entirely responsible for compliance with local laws.

No partnership

We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

General Representation and Warranty

You represent and warrant that your use of the Website will be in strict accordance with our Privacy Policy, the Agreement (in particular, these Terms and Conditions) and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including.

Miscellaneous

The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of The Netherlands, and the parties agree to submit to the non-exclusive jurisdiction of The Netherlands courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Support contact

Should you have any enquiry regarding your purchase, you can reach us by email info@vartegadesign.com or by mail: Vartega Design Zaanhof 36, 1013 XW Amsterdam.

© 2021 Vartega. All rights reserved