OVERVIEW Welcome to Mental Awearness! The terms 'we', 'us', and 'our' refer to Mental Awearness. Mental Awearness 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'). Mental Awearness is powered by Shopify, enabling us to provide the Services to you.
The following terms and conditions, including all policies referenced herein (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address 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.
ARTICLE 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have given us permission to allow any of your minor dependents to use the Services on devices you own, purchase, or control. To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your 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 credentials and for all activity that occurs under 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 description of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and the settings and configuration of the device. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store. All product descriptions are subject to change at any time and without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the number 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 are making an offer to purchase. Mental Awearness reserves the right to accept or refuse your order at its sole discretion for any reason whatsoever. Your order is not accepted until Mental Awearness confirms it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Mental Awearness may not be able to honor a cancellation request after your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or telephone number you provided during the ordering process. You may only return or exchange purchases in accordance with our refund policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices listed do not include taxes, shipping costs, handling fees, customs duties, and import duties. Prices displayed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms will 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 credit card 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 accurate, 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 the charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes, if any. ARTICLE 5 - SHIPPING AND DELIVERY We are not liable for shipping and 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. Title and risk of loss pass to you upon our delivery of the products to the carrier.
ARTICLE 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 owned by Mental Awearness, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries. These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. 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 Mental Awearness, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Mental Awearness. The Mental Awearness name, logos, product names, service names, design elements, and slogans are trademarks of Mental Awearness or its affiliates or licensors. You may not use such trademarks without the prior written permission of Mental Awearness. 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 within the Services are the trademarks of their respective owners. ARTICLE 7 - OPTIONAL TOOLS You may be granted access to third-party customer tools within the Services. We do not monitor these tools and have no control over or influence on them. 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 arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service. ARTICLE 8 - LINKS TO THIRD PARTIES 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 third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not liable for any damages or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed directly to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANTS: This article accurately describes Shopify's relationship with your store and may not be removed or altered.] Mental Awearness uses Shopify to provide you with the Services. All sales and purchases you make in our store, however, are handled directly with Mental Awearness. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Mental Awearness, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Mental Awearness.
ARTICLE 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services 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 services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.
ARTICLE 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. For example, we may use our rights under this license to operate, provide, evaluate, 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 own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service, but we are not obligated to do so. You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, 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 relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).
ARTICLE 13 - PROHIBITED USES You may use the Services only for lawful purposes. You may not access or use the Services, either directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, or provincial law, regulation, rule, or local ordinance; (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 discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use any material which does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate Mental Awearness, a Mental Awearness employee, another user, or any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Mental Awearness or users of the Services or expose them to liability. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 - TERMINATION We may terminate this Agreement or your access to the Services (or any portion thereof) at our sole discretion at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination. The following articles will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that, by their nature, should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES The information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Unless expressly stated by Mental Awearness, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, 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 guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. In some jurisdictions, the exclusion of implied warranties or other warranties is limited or not permitted. Therefore, the above exclusion may not apply to you.
ARTICLE 16 - LIMITATION OF LIABILITY To the maximum extent permitted by law, in no case shall Mental Awearness, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product. This includes, but is 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 via the Services, even if advised of their possibility.Â
ARTICLE 17 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Mental Awearness, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the 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 giving rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations, unless you are materially prejudiced thereby. We may arrange the defense and settlement of such a claim at your expense, including the involvement of an attorney, but we will not settle claims that require non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are obligated to cooperate with the defense of claims giving rise to indemnification, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY In the event that 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 19 - WAIVER; ENTIRE AGREEMENT The failure by us to exercise or enforce any right or provision of 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, superseding any 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.
ARTICLE 20 - ASSIGNMENT You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Mental Awearness is headquartered. You and Mental Awearness consent to the jurisdiction and personal venue of such courts.
ARTICLE 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 23 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change 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 send you a notice of material changes to these Terms in accordance with applicable law. Such changes will be effective on the date stated in the notice. Your continued access to or use of the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at sales@mentalawearness.nl. Our contact information is as follows: Mental Awearness sales@mentalawearness.nl Kleinpolderlaan 44A Tel: 06-34017023 Chamber of Commerce: 99119900 VAT: NL005372990B88
