Terms of Service

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UdIO Fashion, a Nederlands company with registered at the Denhaag Trade and Companies Register under the number Kvk-75526875, located at Haagwey 4H7,2311AA Leiden,Nederlands,  telephone : 00 31 6 58747400, e-mail: info@udiofashion.com,

General terms and conditions for the website udiofashion.com (hereinafter the “Website”) and for the sale of products on the website udiofashion.com.

This Website is operated by UDIO Fashion Workshop, owner of the UDIO brand (hereafter, UDIO Fashion). Throughout the Website, the terms “we”, “us” and “our” refer to UDIO(UDIO Fashion). UDIO Fashion offers this Website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, it being specified that the online selling process described in these Terms of Service is reserved solely for the use of individual consumers purchasing UDIO Fashion Products (hereinafter the Products”) exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.

Please read these Terms of Service carefully before accessing or using our Website. By accessing 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, then 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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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 to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress+Woocommerce. They provide us with an online e-commerce platform that allows us to sell our Products and services to you.

1. Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided 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 timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

4. Prices

Prices of our Products are given in Euros, unless otherwise specified and excluding delivery and processing expenses.

For the buyers located in a country belonging to the European Union, prices appearing on the Site include all taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.

For the buyers located in a country outside of the European Union, prices appearing on the Site do not include taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified.

The total cost of your order includes: 

The price of the purchased Product (including all applicable taxes, if any)

Processing and delivery costs, which will be free of charge for all orders superior or equal to 400 €, and of 15 € for all orders inferior to 400 €.

For countries outside the European Union, you are deemed importer of the concerned Products. Customs duties or other local taxes or importation duties or State duties are likely to be due. UDIO Fashion is not responsible for these duties and sums of money, has no control over them and cannot foresee their amounts.

You shall be solely responsible for these sums of money, regarding their declarations as well as the payment to the competent authorities and organizations in your country. We suggest that you contact your local customs office for further information before placing your order.

Any orders, wherever they are placed from, are payable in Euros.

We pay the closest attention to the accuracy of the prices on our Website. However, in case of a mistake on our part, we reserve the right not to provide the Products for which the posted price was manifestly incorrect.

The Products remain UDIO Fashion’s property, until full payment of the price.

Notwithstanding the foregoing, the risks (including the risks of loss and damage) pass on to you upon delivery of the Products, meaning the moment when the Products are handed over at the delivery address that you have provided.

5. Modifications to the service and prices

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change on the Website, suspension or discontinuance of the Service.

UDIO Fashion reserves the right to modify its prices at any time and without notice, but the Products shall be invoiced on the basis of the applicable price when placing the order and subject to availability.

6. Products or services (if applicable)

Certain Products or services may be available exclusively online through the Website. Our Products are offered as long as they may be viewed on the Website and within the limits of available stocks. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (see Section 11). 

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales 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 any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.

7. Order placement

in order to complete their order, the clients:

shall confirm their delivery address and their billing address, or indicate a new delivery and/or invoicing address;

shall read carefully these Terms of Service and expressly accept them by clicking the “I have read and accept the Terms of Service” button before processing the payment of the order;

are then invited to pay the price of their order by clicking the “pay with Paypal” button (for Paypal payment mode) or the “order” button (for the credit card payment mode), giving access to the secured payment of the order.

Once the payment is confirmed, the client immediately receives, and before delivery at the latest, an email confirming the order, featuring, among others, the order number and the detailed list of the ordered Products.

The client expressly accepts that the content of the order be confirmed via email by UDIO Fashion Workshop.

All the data provided and the registered order confirmation shall evidence the transaction.

The order confirmation shall be deemed equivalent to signature and acceptation of the processed transaction.

A summary of your order and of the present Terms of Service a will be sent to you via email in the pdf format, at the address used for the order confirmation.

8. Deliveries

Your Products will be delivered to the shipping address specified in your order. Except for specific circumstances, or if one or several Products are temporarily out of stock, the Products of the same order will be delivered in one batch.

We deliver in the entire world.

For deliveries in Nederlands or in Europe, your order will be shipped, by our carrier, within the delivery times indicated on the Website (week-ends and bank holidays being excluded). These delivery dates are indicative only. In compliance with the Nederlands Consumer Code provisions (Code de la consommation), delivery of items ordered (excluding pre-orders) shall occur in any case no later than 30 days as of the order, subject to full payment.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver at such address. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to P.O. boxes or similar addresses.

If, upon delivery, the exterior appearance of the package is not perfect, we ask you to open it in the presence of the carrier, in order to check the condition of the delivered Products. In the event of damage to the Products, please provide a specific description on the delivery note.

The rates for delivery are specified on the Website and are subject to revision or modification from time to time. 

You will receive, upon delivery, a receipt with written confirmation of the total price paid including the detail (Product prices and delivery charges if applicable).

Should the shipping be delayed, an email will be sent to you in order to inform you of the possible consequences on the indicated delivery time.

In compliance with Nederlands law, if the delivery does not occur within 30 days as of the order, you have the possibility to cancel the order, In compliance with article  of the Nederlands Consumer Code. The contract is deemed cancelled upon receipt of the letter or the written document by which you inform us of this cancellation, unless the delivery occurred in the meantime. In compliance with article  of the Nederlands Consumer Code , we will refund you no later than 14 days following the date the contract was cancelled.

If the delivery is processed by a carrier, we may not be held responsible for any delay that would be due exclusively to unavailability of the client, after several appointments proposals.

Important information

Delivery times are provided as guidelines only and do not take into account possible delays caused by payment authorization and/or stock availability and/or customs delays. We are unable to deliver to post office boxes. 

Once the order is placed, it shall not be possible to change the delivery address on the Website. You will have to contact UPS (or the carrier chosen by UDIO Fashion Workshop) and see directly with them under which conditions the delivery address might be changed.

First-Time Order Policy

For security purposes, UDIO Fashion Workshop reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.

Insurance

UDIO Fashion Workshop insures each purchase during time in transit until it is delivered to you. All orders require signature upon delivery, at which point responsibility for the shipment passes to you. If you have specified a recipient other than yourself for delivery purposes, you also accept that signature by the third party is sufficient proof of delivery and fulfilment by UDIO Fashion Workshop.

Order status

All orders are shipped with UPS (and/or by any other carrier, at UDIO Fashion Workshop’s convenience) and are fully traceable on their website (or of the website of any other carrier chosen by UDIO Fashion Workshop, should the case arise). You can always contact them if you have questions regarding your shipment.

Alternatively, you can refer to the “Orders” section of your account to get general information about your order status.

In addition, please note: if you purchase our customized products and services, the delivery time should be calculated from the date the customer confirms the measurement of the size and material samples, and it will be postponed for 30 days due to necessary reasons such as design and production (that is, the delivery time is 60 day). Only 50% refund will be given for canceling orders for customized products (including 10% for auxiliary measurement and communication, 20% for design fees, and 20% for materials)

9. Delivery rates

Deliveries shall be processed by UPS and/or by any other carrier, at Y/PROJECT’s convenience. 

The following rates shall apply: 

15 € for orders inferior to 400 €;

Free of charge for orders superior or equal to 400€.

Delivery rates indicated above are set forth according to the rates of our suppliers and are subject to revision or modification from time to time.

10. Payment 

The validation of your order implies, from your side, the obligation to pay the indicated price.

Payment of your purchases is processed by credit or debit card through the secured systems PAYPAL or STRIPE, for payment by credit card.

You shall pay the total price of the order in one single payment 

Your payment card or PayPal account will be charged when you complete the order. 

An invoice will be sent to you, together with the ordered Products.

In addition, please note: if you purchase our customized products and services, the delivery time should be calculated from the date the customer confirms the measurement of the size and material samples, and it will be postponed for 30 days due to necessary reasons such as design and production (that is, the delivery time is 60 day). Only 50% refund will be given for canceling orders for customized products (including 10% for auxiliary measurement and communication, 20% for design fees, and 20% for materials)

11. Return policy

In accordance of the Nederlands Consumer Code , you have a period of 14 calendar days from delivery of the Products to exercise your withdrawal right without the need to justify your reasons or to pay any penalties. However, we do not make any exchanges.

Your right of withdrawal shall be exercised by informing us of your decision to withdraw, by sending us, before the end of the 14-day period above, the withdrawal form featured below (at the end of this section), or any other unambiguous statement of your will to withdraw your order.

This time period runs from delivery of the Products to you. When the 14-day period expires on a Saturday, Sunday or bank holiday, it will be extended to the following working day.

Reasonable shipping expenses incurred by the client in connection with the return of the Products shall be refunded to the client by UDIO Fashion Workshop, upon presentation of the corresponding receipts. However, duties or taxes related to customs incurred in connection with the return, shall remain borne by the client. In case UDIO Fashion Workshop has to pay such duties or taxes, the corresponding sums shall be deducted from the amount refunded to the client;

The Product must be returned without undue delay and, at the latest, within fourteen days of the communication of the Customer’s decision to withdraw.

Each Product shall be returned unused, with its original packaging. In case of deterioration of the Product, resulting from any handling other than those strictly necessary to establish the nature, characteristics, and good state of the Product, we reserve the right to refuse to reimburse the Product. We shall not process to any refund if the Products returned by the client are not consistent with the Products ordered or have another origin than the Website.

To return a Product, the client shall use the return label which shall be generated on its personal space on the Website.

We will process to the refund of the returned Products (less customs duties or charges), in accordance with the provisions above, and of the delivery rates paid by the client, if any, by crediting the card or the PAYPAL account used for the payment. In case of partial return of the Products, the delivery rates, if any, shall not be refunded, since you have benefitted from the delivery service for the Products retained.

We will process to the refund within 14 days at the latest, as of the date we acknowledge receipt of the returned Products, provided these Products are declared compliant further to our quality control.

In addition, please note: if you purchase our customized products and services, the delivery time should be calculated from the date the customer confirms the measurement of the size and material samples, and it will be postponed for 30 days due to necessary reasons such as design and production (that is, the delivery time is 60 day). Only 50% refund will be given for canceling orders for customized products (including 10% for auxiliary measurement and communication, 20% for design fees, and 20% for materials)

A confirmation email will be sent once the returned Products are received and the refund is processed.

You will be the only person allowed to exercise this right of withdrawal. If you asked that the order be delivered to a third party, this right may not be exercised by the consignee of your order.

Withdrawal form

To the attention of: 
UDIO fashion Workshop
Haagwey 4H7,2311AA Leiden,Nederlands,

E-mail : info@udiofashion.com

I/we give you notice of my/our withdrawal of the agreement pertaining on the sale of the products below:

Ordered on (*) / Received on (*)
(…)

Name of the client(s)
(…)

Address of the client
(…)

Signature of the client (only if the present form is transmitted in the paper form)

Date

12. Accuracy of billing and account information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at 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 as needed.

For more detail, please review our Returns Policy – Section 11.

UDIO Fashio Workshop will file the orders and invoices on reliable and long lasting supports, which will constitute a faithful and long lasting copy, in accordance of the Nederlands civil code.

The computerized records of UDIO Fashio Workshop shall be deemed, by all concerned parties, proof of all communications, orders, payments and transactions entered into between the parties.

13. Warranty

You shall ensure that the Products that have been delivered to you correspond to your order. Should the Products that have been delivered not coincide with your order, you must inform us via email [e-mail: info@udiofashion.com] and return the concerned Product(s). The Products shall be returned in the same state as when you received them, together with all complementary elements (accessories, packaging, booklet, if any).  A return label, via UPS or any other carrier chosen by UDIO Fashion Workshop will be available by download on the Website.

The Products that are offered on our Website are subject to the terms and conditions of the Nederlands Consumer Code. Thus, if the Product is unsuitable for the intended use, you have 2 years from delivery of the Products to trigger this warranty. Please note that the lack of conformity which appears within 24 months from delivery of the Product is presumed to have existed at the time of delivery, unless evidence to the contrary is provided. In case of non-compliance we will replace the Product and if that is impossible, we will refund the cost of your order.

Besides, the Products offered on the Website are also subject to the warranty against latent defects of the Nederlands Civil Code. As a consequence, if the Product is unfit for its intended use, and if the defect existed before the purchase but did not appear by the time of the purchase, you will have up to 2 years after discovery of the defect to trigger this warranty. 

If the Products returned by the Client are not consistent with the Products ordered or have another origin than the Website, UDIO Fashion Workshop shall not be bound by the obligations set forth in this article.

The provisions of this article do not prevent you to exercise the right of withdrawal set forth in Section 11 above.

14. Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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 also be subject to these Terms of Service.

15. Third-party links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. Intellectual property

The “UDIO ”or “UDIO Fashion”trademark, as well as all figurative or non-figurative trademarks, illustrations, visuals, logos appearing on the Products, accessories, or packaging, whether or not registered, are the exclusive property of the owners of these trademarks and other elements.

Any total or partial copy, modification, use of these trademarks, illustrations, visuals and logos, for any reason whatsoever and on any communication support whatsoever is strictly forbidden.

Similarly, all compounds or conjunctions of the trademarks and elements listed above with any other trademark, symbol, logo and all signs of any kind in order to create a compound logo are strictly forbidden. These provisions also apply to any and all copyrights, designs and patents featured on the Website.

Any elements of the Website udiofashion.com are and remain the exclusive intellectual property of UDIO Fashion Workshop and/or any other related right holders. It is strictly forbidden to reproduce, exploit, repost or use in any way whatsoever, even partially, software, visual or acoustic elements of the Website. Any simple or hypertext link is forbidden without our prior written agreement.

17. Personal information

Your submission of personal information through the store is governed by our Privacy Policy. 

18. Errors, inaccuracies, and omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19. Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent 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.

20. 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 warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and services delivered to you through the Service are (except as expressly stated by us) 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.

The Products offered are compliant with the applicable Nederlands laws. We shall not be liable in case of non-compliance of the Products with the laws of the country where the Product is delivered. You are solely responsible for all verifications with local authorities for the importation of the Products that you intend to order.

Besides, we shall not be held liable for damages arising from a wrong use of the Products.

We shall not be liable for any inconvenience or damages due to the use of the internet network, especially an interruption of service, an outside intrusion, or the presence of computer viruses.

The performance of all or part of our obligations shall be withheld in the event of an accident or natural disaster, or other force majeure event, that prevents or delays their performance.

21. Indemnification

You agree to indemnify, defend and hold harmless UDIO Fashion Workshop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

22. 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.

23. Termination

These Terms of Service are effective unless and until terminated by either you or 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 cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

24. Entire agreement

The failure of 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 UDIO Fashion Workshop.

25. Governing law/disputes

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.

Should any dispute arise in relation to the use of the Website and following the failure of any claim filed in writing by the client or if no response has been made within a reasonable deadline of one (1) month, you may if you wish have recourse to any method of alternative dispute resolution,

You may decide to initiate the mediation process via the online dispute settlement platform developed and managed by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the Terms of Service will be submitted to the jurisdiction of the competent courts in accordance with Nederlands law: you or we may refer the case to the courts where you are resident or you may refer the case to the Nederlands courts.

26. 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 by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. Contact information

Questions about the Terms of Service should be sent to us at info@udiofashion.com or by mail using the details provided below:

UDIO Fashion Workshop

Haagwey 4H7,

2311AA Leiden,

Nederlands

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