User Terms

User terms 2020

Part 1-AGREEMENT
By agreeing to these terms of use, you declare that you have at least the age of majorage as set out in the law of your state or province of residence, or that you have given your consent to a minor to use this site. You agree that the use has been approved by a minor through your account and/or computer and you give us permission to carry out the requests and requested services.  You may not make use of our products for illegal or unauthorized purposes nor may you conduct services in violation of the law in your jurisdiction (including but not limited to copyright laws). You may not ship any worms or viruses or code of a destructive nature. An infringement or violation of any of the conditions will result in an immediate termination of your services.

On all the designs, photos and texts of Flexmonkey is copyright. It is emphyly not permitted to make clothing after and to duplicate designs. Also, texts and photos should not be used without a clear call to Flexmonkey_polewear with a clear source reference. If copyright is screened, you risk a fine of EUR 1,000 for each of the unjugable use.

Part 2-GENERAL CONDITIONS
We reserve the right to refuse services to anyone, for whatever reason, and at any time. The purchase contract is entered into with the person placing the order. Also, the return &shipping policy applies to this person. If the person is acting as an intermediary for an order of another, it is the responsibility of timely return to the buyer/person who placed the order in the webshop. You understand that your data (not including credit card information), can be decoded unencrypted. This may include (a) transfer through different networks; and (b) changes and adjustments to the 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 any part of the service (webshop), use of the service or access to the service. Any contact on the website relating to the web shop and services with the purpose to exploit, without express written permission by us, is far.

Part 3 a-correctness, completeness and actuality of the information
We are not responsible if any information made available on this site is incorrect, incomplete or not up-to-date. The material on this site is for general information only and should not be considered or used as the sole basis for making decisions without consultation with primary, more accurate, more complete or more current sources of information. The confidence on the material on this site is at your own risk. This site may contain certain historical information. Historical information, per se, is not current and is intended solely for your reference. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Part 3 b-Receipt of goods
We are not responsible for the receipt of the goods. You carry the responsibility to leave the correct address given behind while ordering online. Also, when an order is set up digitally for you (a so-called draft is created) you will be given the final responsibility to check the data for correctness. Both the items in the order as well as the personal data. You have the responsibility to be present or to take care of presence in case of delivery. In case a livers attempt multiple times has failed and the package is brought to a service point, you will assume responsibility for getting the package off in a timely way or providing you with an authorized person who will take it for you. You yourself will be responsible for checking the track&trace code regularly to check if you have missed the package. In case a packet has not been taken off in time, this will be sent back to Flexmonkey and you can pick up package with us. Of course, there is the possibility of sending the package again, at the cost of the buyer.

Part 4-Changes in service and prices
The prices for our products are subject to change without notice. We reserve the right at any time to modify or terminate the services, prices and delivery terms (or any part or content thereof) without prior notice at any time. We are not liable to you or to any third party for any change, price change, suspension or discontinuation of any service. We work with dropship orders and in doing so, it may be that the price indicated on the website does not match the price at that time of a product. In such a case, the price can be adjusted after placing an order. In this case, we contact you and you may decide to cancel or cancel the order or let you proceed.

Section 5 (a)-Products and services
Certain products or services are available online only through the website. These products or services may have limited quantities and are subject to the terms of the 'Submit and Retour Policy' (the Return Policy). We have put everything in the works to make the colors and images of our products that appear in the store again as accurate as possible. We can not guarantee that the display of your computer monitor of any color will be accurate. We reserve the right, but are not required, to restrict the sale of our products or services to any person, geographical region, or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or the pricing of products are subject to change and can be adapted at any time without prior notice, at our discretion. We reserve the right to terminate the offer of a product or service at any time.  We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you will comply with your expectations, or that any errors in the service will be corrected.

For company clothing, tailor-made services, handmade polewear service and 'pimp my polewear', the terms of this order can not be undone from the moment it was taken in production. There is no cancellation law or return right in these services. The sizes are pre-estimated by the customer (the company, organization or zzp-er) and cannot be returned or swapped. In the case of a commitment to production (digital, written or oral), you agree to these terms. Handmade items have a snap and stitching margin of 1.5-3cm. Cannot be swapped here. Flexmonkey offers free small repair service. The customer can issue the item by appointment in the studio, or paid for this shipment (back and back). Damage to the product by cutting the label or dust or stitching damage by the Velcro falls under the responsibility of the customer. If a hand-made item has a Velcro buckle, keep it closed (if you do not have the skirt on, during transport and during washing). This prevents clatting on the seams. Never wash handmade items in the washing machine but by hand. Don't go ironing.

Part 6. Event conditions.

Services such as events, performances, lessons, privates, and workshops are subject to the general conditions and the return & cancellation policy. 1) After written reservation, via whatever source, a payment obligation applies. Cancellation can be free of charge up to 2 months before the start of the service. 100% of the costs are to be charged below. These are non refundable. 2) During events, a photographer may be present that will create atmospheres that can be used for commercial purposes. By participating in the activities you agree that Flexmonkey has the rights of use of these pictures. All the photos that Flexmonkey makes are shared after the event via a private facebook group or on request. 3) Activities during this event are risk sports and bring a particular risk with it. Flexmonkey is not responsible for any injuries sustained during participation in these activities. 4) Assignments of instructors & spotters should be followed up at all times. 5) Flexmonkey is not responsible for the loss or damage to personal property. 6) Flexmonkey preserve the right to cancel the event, make program changes. 7) Flexmonkey is not responsible for the influence of the weather on the execution of the program.

Part 7-Action & discounts '. In the event that you place an order using a discount code, the general conditions apply. So do the general return policy. Discount vouchers posted on social media do not apply as actual discount voucher. The voucher must be in physical hands, or the discount thanks to the code must be distributed to the creator by Flexmonkey itself. This can be physical or virtual. Codes and discounts apply only to an order online (and thus not to any market, shopping experience, takeaway or any other option).

7b-Participation in Social Media actions. Actions seen on social media like Facebook, Instagram, and Twitter have been maintained to the conditions:

1. The action continues with a minimum number of participants of 25.

2. Winners will be contacted personally.

3. Flexmonkey reserves at all times the right to change or cancel the action unilaterally, which will be reported via the website, by email or on social media.

4. Flexmonkey reserves the right at all times to cancel the action and/or discount on suspicion of improper use or misuse.

5. By tagging flexmonkey or sending images and videos, you agree that Flexmonkey may use it for commercial purposes, even after the action is completed. The submission or tagged content can be reposted and will be used for promotional purposes even after the action is completed.

Section 8-Accuracy of billing and account information
We reserve the right to refuse any order that you place upon us. We can, at the sole discretion, limit the order or cancel quantities, per person, per household or per order. These restrictions can apply to orders from or under the same customer account, the same credit card, and/or orders that same billing and/or shipping address. In the event that we make a change or cancellation in or an order, we will notify you by contacting you by using the email and/or billing address/phone number specified in the appointment information. We reserve the right to limit orders which, by their own judgment, appear to have been made by dealers, resellers and distributors. If you are a dealer, reseller or distributor and would like to buy products from our web shop, please contact the contact information on the contact page. You agree to provide the current, complete and accurate account information for all purchases in our store. You agree to update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary. For more information, review our Return Policy (the Return Policy).

Part 9-Tools, links and applications
We do not control or change in any way the access to the aid programmes of third parties to which we grant access.  You acknowledge and agree that we grant you access to such instruments "such as it is" and "as available" without any warranties, performances or conditions of any kind and without approval. We will not take any liability on us for consequences arising out of, or related to, your use of optional third party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion. You will be responsible for getting informed and giving approval to the terms and conditions under which resources are provided by the third party/supplier concerned. We can provide new services and/or functions through the website in the future (including the introduction of new tools and resources). Such new functions and/or services shall also be subject to these Terms and Conditions.

Part 10-(hyper) Links
Certain content, products and services that are available through our service may contain materials from third parties. Third-party links on this site can refer you to third party websites that are not affiliated with us. We are not responsible for the handling and assessment of the content or accuracy of the information offered on these websites. We do not guarantee and accept any liability or responsibility for websites of third parties, or any other materials, products, or services of third parties. We shall not be liable for any damage or damage related to the purchase or use of goods, services, resources, contents, or other transactions related to third party websites. Read carefully the third-party policy and make sure you understand them before you participate in a transaction. Complaints, claims, concerns, or questions about third party products should be addressed to the third party.

Section 11-Comments from users, feedback and other submissions
Entries to Flex Monkey are highly appreciated. User feedback is also welcome. We will treat as confidential as possible with the submissions and feedback and do our best to give a response everywhere. However, we are not obliged to do so. If you, at our request, send certain specific submissions (e.g. contest shipments) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, either online, by mail, by mail or otherwise (via feedback on social media), you agree to allow us to edit, copy, publish, distribute, translate, translate, and otherwise use, through any medium, at all times and without any restriction. We are not required (1) to be confidential with the data to go; (2) provide a fee; or (3) to respond to any comments, feedback or other submissions.  We may, but have no obligation to monitor, edit, or delete content of submissions. We assess the content according to its own understanding and will screen for content that is unlawful, offensive, threatening, defaming, defamation, pornographic, obscene or otherwise offensive or contrary to intellectual property which party or these terms of use. You agree that your submission will not violate the right of a third party, including copyright, trademark law, privacy, personality, or other personal or proprietary rights. You continue to agree that your submission will not contain defamatory or otherwise unlawful, offensive or obscene material, and does not contain any computer virus or other malware that could in any way affect the operation of our service or related website. You are not allowed to use a false email address. You may not present yourself as another, or otherwise be misleading about the origin of any comment. You are responsible for the accuracy and validity of the content. We take no responsibility for, and do not accept liability for any comments, submissions and feedback posted by you or any third party.

Section 12-Personal information
We will carefully deal with your data. The handling of your personal data is set out in our privacy policy. Click here to view our privacy policy (Privacy policy).

Part 13-Errors and inaccuracies
While we do our utmost to display the information we provide on the website as accurately as possible, it may prevent information on our site containing typing errors, inaccuracies or lack of information that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct and amend or update any errors, inaccuracies or omissions. We also reserve at all times the right to cancel orders based on these inaccuracies or errors and may make cancellations without prior notice (including after you have submitted your order). We are not obliged to modify or clarify any information, including, without limitation, pricing information, except as required by law prescribed. We do not have a duty to tell you of any update made. Continuing the use of our website and our services means acceptance of the changes.

Part 14-Forbidden
In addition to other prohibitions as set out in the Terms and Conditions, you are forbidden to use the site or the content: (a) for any unlawful purpose; (b) to recruit others to perform or participate in unlawful acts; (c) that international, provincial or national or regional law, rules, laws, or local ordinances violate; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to bully, assault, insult, harm, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discredit, discre intimidating or discriminating on the basis of sex, sexual orientation, religion, ethnicity, race, age, ancestry or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other form of malicious code that can be used to influence the functionality or operation of this website, its services or from a related website, other websites, or the Internet; (h) to collect personal information of others or to follow the personal data of others; (i) to spam or to phishen, or any other form to commit cyberabuse; (j) for obscene or immoral purposes; or (k) to interfere or to circumvent the security features of this wesite, its services, or that of any related website (s), or the Internet. We reserve the right to terminate your use of the website and its services or related website (s), if any of the above bans are violated.

Section 15-Liability and limitation of liability.
We cannot guarantee that your use of our services will be uninterrupted, secure, or error-free. You agree that from time to time we may remove the service indefinitely or cancel the service at any time, without giving prior notice to you. You expressly agree that your use of, or not be able to use, the service is at your own risk. The service and all products and services supplied to you through the service/webshop have been provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement. In no case can FlexMonkey, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held liable for injury, loss, claims, or any direct, indirect, incidental, special, or consequentals of any kind, including, but not limited to lost profits, lost income, lost savings, loss of data, cost of replacement, or similar damages, whether on the basis of contract, tort, or negligence, strict liability or otherwise, arising out of your use of any of the services or products obtained by means of the service/web shop or any part of it (such as blog and blog links). Also, not in case of acts on or due to the use of the website which relates to the use of the service or a product. The said money also in the case of, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the service or any content (or product) posted, sent or otherwise made available through the service, even when informed in advance about their capabilities. Because some jurisdictions are excluding the exclusion or limitation of liability for direct or indirect damages, in such countries or jurisdictions, our liability is limited to the maximum extent permitted by law.

Part 16-Breach
You agree to indemlate FlexMonkey and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, agents, licensors, licensors, service providers, subcontractors, suppliers, interns and employees of any claim or requirement, including reasonable attorneys ' fees, made by third parties as a result of or arising from your violation of these Terms and Conditions or the documents they take through reference, or your violation of any law or rights of any third party.

Section 17-Scheidability
However, in the event that any provision of these Terms and Conditions is unlawful, void or unenforceable, such a provision will apply permanently to the broadest extent permitted by law, and the non-enforceable part shall be deemed to be separate from those terms of use, so that such adoption does not affect the validity and enforceability of the other provisions of these Terms and Conditions of the General Conditions and Conditions of Use.

Part 18-Ecommitment
The obligations and responsibilities of the parties that before the end date should survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until it is terminated by you or us. You can terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you stop using our website. The obligations and responsibilities of the parties concerned shall be valid as long as this Agreement is entered into and shall be terminated only by the termination of this user agreement. If you do not satisfy our own judgment, or the presumption exists that you may not be able to act in order to comply with a condition or provision of these Terms and Conditions, we may terminate this Agreement at any time without prior notice; and/or on the basis of this, you may be denied access to our website and our services (or part of it).

Part 19-Full agreement
These Terms of Use, any policy and/or operational rules are posted by us on this site and any agreements between you and us and applicable to your use of the website, web shop and our services and products, supersede any prior or concurrent agreements, communication and proposals, oral or written, between you and us (including, but not limited to, all previous versions of the Terms and Conditions of the Users and Terms and Conditions).

Section 20-Applicable law
These terms of use and any individual agreements to which we and you enter into a service shall be interpreted in accordance with the laws of Dutch Law.

Part 21-Terms of service in terms of service conditions
You can see the most recent version of the Terms and Conditions at any time on this page. We reserve the right to make changes to these terms and/or to replace any part of these Terms and Conditions by placing updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of, or access to, the website or our services, including the blog page, after the disclosure of any changes to these Terms and Conditions means acceptance of these changes. In the case of placing each new order, you will be asked to tick off if you have read the terms. You are expected to retake the terms so that you keep up to date with any changes.

Part 22-Complaints & Contact Information.
Despite all our commitment and drive, it may be that something does not go as you wish. Do you have a question, comment or complaint? Then we kindly ask you to contact us so that we can look for a solution. 
Questions can be asked via . Or by mail to
FlexMonkey
PO Box 194
5100 AD Dongen

info@flexmonkey.nl

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