Terms of service
OVERVIEW
This website is operated by ESA Shop. Throughout the site, the terms “we”, “us” and “our” refer to ESA Shop. ESA Shop 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 site 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 site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, 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. 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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Section 1 - SCOPE
(1) Our online shop is aimed exclusively at buyers who are 18 years of age or older or at authorized representatives who gave us their consent that their minor may use this website.
(2) All deliveries, services and offers are based on these terms and conditions. They also apply to future transactions with companies, even if they are not expressly agreed again. Conflicting or deviating terms and conditions of the customer do not apply.
(3) The contract language is English.
(4) The currently valid version of the Terms and Conditions can be viewed and stored on our website. We do not store the contract text. Your continued use of or access to the site after the posting of any changes constitutes acceptance of those changes.
Section 2 - CONCLUSION OF CONTRACT
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
(2) By clicking the button ["Pay Now"] you make a binding offer to purchase the selected goods. Before completing the order, you have the opportunity to check your details and correct them if necessary.
(3) The contract is only concluded once you have received a confirmation email or a confirmation page has been shown to you.
Section 3 - PRICES
(1) The prices stated on the product pages include statutory VAT and all other price components.
(2) The prices for our products can be changed without notice. We reserve the right to change or discontinue the service (or parts or contents thereof) at any time without notice.
(3) We are not liable to you or any third party for any modifications, price changes, suspensions or discontinuance of the service.
Section 4 - PAYMENT TERMS; DEFAULT
(1) Payment can be made by by payment methods available at checkout.
(2) The payment methods available are determined by us. In certain cases, we reserve the right to only offer certain payment methods, such as advance payment to protect our credit risk.
(3) When paying by credit card, the amount is reserved when the order is placed. The actual charge is made when the goods are dispatched.
(4) If you pay with PayPal, you will be redirected to the PayPal website during the ordering process. Registration is required there if you do not yet have an account. After logging in with your login details, you confirm the payment to us. As soon as your order in the shop is completed, we will instruct PayPal to pay. The transaction is then carried out automatically by PayPal. You will receive further details during the ordering process.
(5) If a direct debit is not redeemed due to insufficient funds or incorrect account details, you may be charged for the resulting costs.
(6) If you pay with a voucher, you can redeem it in the corresponding field during the order process. The voucher value is automatically deducted from the invoice amount. If the voucher does not fully cover the total amount, the difference can be paid using one of the payment methods offered. The voucher will be charged immediately after the order has been completed. Please note that only one voucher can be redeemed per order and cash payment is not possible. You will receive further details during the ordering process.
(7) The validity period of the vouchers issued under this agreement is not expressly determined by an expiry date. The recipient can redeem the voucher at his own discretion, subject to the availability of goods or services at the time of redemption. The issuer of the voucher reserves the right to set an expiry date at his own discretion. After this period has expired, they can no longer be redeemed. Vouchers can only be used in the online shop to purchase goods/services. Redemption for reduced items, special offers or certain product categories may be excluded. Vouchers are transferable unless they are personalized. Commercial resale is prohibited. In the event of a return of goods paid for with a voucher, the amount will be refunded in the form of a new voucher. In the event of loss, theft or unauthorized use, we accept no liability and will not issue a replacement. Each voucher can only be redeemed once. Technical manipulation or attempts to redeem it multiple times will result in the voucher being blocked.
Section 5 Offsetting/Right of retention
(1) Offsetting is only possible if the counterclaim has been legally established or recognized by us or is directly related to our claim.
(2) A right of retention can only be exercised if it relates to the same contractual relationship.
Section 6 Delivery
(1) Unless otherwise agreed, the goods will be made available by delivery to the delivery address specified by the customer.
(2) The customer is responsible for ensuring that the delivered goods can be received at the specified delivery location.
Section 7 Right of withdrawal
Your right of withdrawal is subject to our right of withdrawal policy.
Section 8 - WARRANTY
(1) Our liability is limited to damages resulting from injury to life, body or health, as well as to essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose regular compliance the contractual partner can rely. In the case of other damages, we are only liable for intent or gross negligence.
(2) We do not guarantee that the quality of products, services, information or other materials that you have purchased or received will meet your expectations or that errors in the service will be corrected.
(3) The following applies to entrepreneurs:
Only our information on the quality of the goods applies, not public advertising statements or other statements by third parties.
Obvious defects must be reported within seven days, as you are obliged to examine the goods for deviations in quality and quantity. After this period has expired, warranty claims can no longer be asserted.
The warranty is provided by repair or replacement delivery at our discretion. If a repair is carried out, we are not obliged to bear additional costs that arise from the goods being taken to a place other than the place of performance, unless this transport corresponds to the intended use of the goods.
If the subsequent performance fails twice, you have the choice of either demanding a reduction in the purchase price or withdrawing from the contract.
The warranty period is one year from delivery of the goods.
Section 9 - LIABILITY
(1) We are fully liable for intent and gross negligence. In the case of slight negligence, we are only liable for damage to the body or health of persons or for injury to life.
(2) In the case of slight negligence, we are only liable for breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer can regularly rely. In addition, our liability in the case of slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which can typically be expected to occur. This restriction also applies to our subcontractors.
(3) We may provide you with access to third-party tools over which we neither monitor nor have any control nor influence. You acknowledge and agree that 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 will not be liable 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 and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party providers.
(4) 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 related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
(5) Courtesy of the European Space Agency for authorising the use of the ESA Name / Logotype / Image. THE ESA ACRONYM AND LOGO ARE REGISTERED TRADEMARKS OF THE EUROPEAN SPACE AGENCY. ESA IS NOT RESPONSIBLE FOR THE OPERATIONS, INCLUDING THE PRODUCTION AND DISTRIBUTION OF ANY PRODUCTS AND DISCLAIMS ANY AND ALL LIABILITY
Section 10 - COPYRIGHT AND USAGE RIGHTS
(1) All digital content provided by us is subject to copyright. The usage rights are granted exclusively for non-commercial use. The customer is not entitled to exploitation rights. The customer is prohibited from distributing the purchased titles, whether digital or printed, in full or in part, distributing them to third parties or making them publicly available. Only actions that serve the customer's own use are subject to the right of reproduction.
(2) The usage rights only apply once the purchase price has been paid in full.
(3) The user is not authorized to remove copyright notices, trademarks or other legal notices from the purchased goods. The seller is entitled to individually mark digital content in order to track down improper use.
(4) In the event of unauthorized use of the digital content by the buyer or third parties, the buyer undertakes to pay a contractual penalty. This will be determined by us at our reasonable discretion and can be reviewed by a court in the event of a dispute.
Section 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(1) If, at our request, you send certain submissions (e.g. competition entries) or without such a request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and remain under no obligation (1) to treat comments confidentially; (2) to pay compensation for comments; or (3) to respond to comments.
(2) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
(3) You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments 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 Service or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility and liability for any comments posted by you or any third party.
Section 12 - GENERAL PROVISIONS
(1) We reserve the right to discontinue the Service at any time and for any reason.
(2) You understand that your content (not including credit card information) may be transferred unencrypted and may 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 when transmitted over networks.
(3) You understand that your content (not including credit card information) may be transferred unencrypted and may 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 when transmitted over networks.
(4) 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 colors will be accurate.
(5) 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 product or service we offer. All product descriptions or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
(6) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits 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 make a change to or cancel an order, we may attempt to notify you by contacting you via email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
(7) Your submission of personal information through the store is governed by our Privacy Policy.
(8) Occasionally there may be information on our site 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 (including after you have submitted your order).
Section 13 - PROHIBITED USE
Use of the site and its content is prohibited for: (a) any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any law, rule or ordinance; (d) to infringe any intellectual property right; (e) harassment, abuse, insult, damage, defamation or discrimination; (f) the dissemination of false or misleading information; (g) the uploading or transmission of malicious code; (h) the collection or tracking of personal data; (i) spam, phishing, crawling or scraping; (j) obscene or immoral purposes; (k) the circumvention or disruption of security functions. In the event of a violation, we reserve the right to terminate your use of the service.
Section 14 - FINAL PROVISIONS
(1) Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.
(2) These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands. Consumer protection regulations of the country in which you habitually reside remain unaffected.
(3) For merchants and legal entities under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.
(4) 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 may not transmit any worms or viruses or any other code of a destructive nature. A breach or violation of any such terms will result in an immediate termination of your services.
(5) We reserve the right to refuse service to anyone for any reason at any time.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at esa@mondaymerch.com.
Email
esa@mondaymerch.com
Company address
ESA Shop by Monday Merch B.V.,
Schiedamsedijk 38, 3011 ED Rotterdam, Netherlands
VAT Number
NL864101843B01
Chamber of Commerce
86827677