General Terms and Conditions

OVERVIEW
This website is operated by TWINKY. Throughout the site, the terms "we", "us", and "our" refer to TWINKY. TWINKY provides this website, including all information, tools, and services available from this site to you, the user, provided that you agree to all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing anything from us, you agree to our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, sellers, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before opening or using our website. By visiting or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

All new features or tools added to the current store are also subject to the Terms of Service. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

PART 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you declare that you are at least of legal age in the state or province where you reside, or that you are of legal age in the state or province where you reside and you have given us permission to allow one of your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes, and you may not violate any laws applicable in your jurisdiction when using the Service (including, but not limited to, copyright laws).
You may not transmit worms or viruses or any other destructive code.
A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transmitted unencrypted and (a) involves transmission over various networks; and (b) involves changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

PART 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this site is intended for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current information sources. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is offered solely for reference. We reserve the right to change the content of this site at any time, but we are not obligated to update the information on our site. You agree that it is your responsibility to check for changes on our site.

PART 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We are not liable to you or to third parties for any change, price change, suspension, or termination of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through the website. These products or services may be available in limited quantities and may only be returned or exchanged according to our Return Policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the color representation on your computer monitor will be accurate.
We reserve the right, but are not obligated, to restrict the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PART 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please refer to our Return Policy.

PART 7 - OPTIONAL TOOLS
We may provide you access to third-party tools over which we have no control or authority.
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 are in no way liable for your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are offered by the respective third-party provider(s).
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

PART 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include third-party material.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and make no guarantees and assume no liability or responsibility for third-party materials or websites, or for any other third-party materials, products, or services.
We are not liable for any damage or loss related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before entering into a transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.

PART 9 - COMMENTS, FEEDBACK, AND OTHER USER CONTRIBUTIONS
If you send us certain specific submissions at our request (for example, submissions for a contest) or send creative ideas, suggestions, proposals, plans, or other material without our request, whether online, by email, by mail, or otherwise (collectively "comments"), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use the comments you send to us in any medium. We are not and will not be obligated (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of a party or these Terms of Service.
You agree that your comments will not infringe on the rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or property rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, nor will they contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself or us, or mislead others about the origin of your comment. You are solely responsible for all comments you make and their accuracy. We accept no responsibility and are not liable for comments posted by you or a third party.

PART 10 - PERSONAL INFORMATION
Our Privacy Policy applies to the provision of personal information through the store. To view our Privacy Policy.

PART 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, product shipping costs, lead times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service or on a related website is incorrect at any time and without prior notice (even after you have placed your order).
We do not undertake any obligation to update, modify, or clarify information in the Service or on a related website, including but not limited to price information, except as required by law. No specified update or renewal date applied in the Service or on a related website should be interpreted as an indication that all information in the Service or on a related website has been changed or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content (a) for unlawful purposes; (b) to encourage others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, belittle, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that impairs the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or bypass the security features of the Service or any related website, other websites, or the Internet. 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, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may remove the service indefinitely or cancel the service at any time without notifying you.
You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) "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, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall TWINKY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or products obtained through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in the content, or any loss or damage of any kind resulting from the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you were advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or 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 harmless TWINKY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, with such determination having no effect on the validity and enforceability of all other provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If you fail, in our sole discretion, or we suspect you fail, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to the date of termination; and/or you may be denied access to our Services (or any part thereof) accordingly.

ARTICLE 17 - ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms of Service, it does not mean we waive that right or provision.
These Terms of Service and all policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and apply to your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW
These Terms of Service and all individual agreements whereby we provide you with Services are governed by and construed in accordance with Dutch law.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can view the most recent 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 by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - DEPRECIATION
If the product is damaged or the packaging is more damaged than necessary to try the product, we may charge you for this depreciation of the product. So please handle the product with care and make sure it is well packaged when returning it.

SECTION 21 - RETURN POLICY

It is important that all three periods of the right of withdrawal are included in the general terms and conditions. These periods are as follows:

1. The customer has 14 days to cancel the order (notify the return). 
2. After this notification, the customer has another 14 days to actually return the item.
3. The refund must take place within 14 days after the return notification.

Use the following text or your personalized general terms and conditions:

Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do this using the model form or another means of communication such as email. After notifying the entrepreneur of their intention to withdraw, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
4. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

When delivering services:

1. When delivering services, the consumer has the option to cancel the agreement without giving reasons for at least 14 days, starting from the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Costs in case of withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having already been received back by the retailer or conclusive proof of complete return being provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been made to the entrepreneur’s specifications according to the consumer’s instructions;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• where the price is tied to fluctuations in the financial market beyond the entrepreneur's control;
• for loose newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygienic products where the consumer has broken the seal.
• Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
• where delivery has started with the explicit consent of the consumer before the reflection period has expired;
• concerning bets and lotteries.

PART 22 - DISPUTE MEDIATION
In case of complaints, a consumer should first contact Twinky. If the web store is affiliated with WebwinkelKeur and complaints cannot be resolved through mutual consultation, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web store has an active membership at https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this committee involves costs that must be paid by the consumer to the respective committee.

PART 23 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us via info@twinkystore.nl.