Terms of service

OVERVIEW
Welcome to Xha! The terms 'we', 'us', and 'our' refer to Xha. Xha 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'). Xha is made possible by Shopify, allowing 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 you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, 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, access to and use of our Services are not permitted.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you are of legal age according to the laws of the state or province where you reside and that you have given us permission for any minor family members to use the Services on devices you own, purchase, or control.
To use the Services, including visiting or browsing our webshops 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 details. You declare 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 within 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 possible of our products and services in our webshops. But 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 are using to access the store and the device's settings and configuration.
We do not guaranty that the appearance or quality of the products or services you purchased will meet your expectations or match the display or description in our webshop.
All product descriptions are subject to change at any time and without prior notice at our 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. Xha reserves the right to accept or reject your order at its sole discretion for any reason. Your order will only be accepted after Xha has confirmed it. We must have received and processed your payment before your order can be accepted. Please check your order carefully before submitting it. Xha may not be able to honor a cancelation request after your order has been accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number you provided during the ordering process.
You can only return or exchange purchases in accordance with our refund policy.
You declare and warrant that your purchases are intended for personal use or use within your household and not for commercial resale or export. Indien artikelen gekocht worden met de intentie van gebruik voor (het stijlen van) beroemde personen dien je contact op te nemen via xhawina@xha.nl.

ARTICLE 4 - PRICES AND INVOICING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price valid at the time you place the order. This price is listed in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices listed are exclusive of taxes, shipping costs, handling fees, customs duties, and import duties.
The prices displayed in our webshops may differ from the prices in physical stores, or in webshops or other stores managed by third parties. We may offer promotions for the Services from time to time that could 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 shall take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to immediately update your account and other information, including your email address, credit card numbers, and credit card expiration dates, as they change so that we can process your transactions and contact you if necessary.
You declare and warrant that (i) the credit card information you provide is true, accurate, 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 you incur at the prices displayed, including shipping costs, handling fees, and any applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. 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. After we have handed over the products to the carrier, ownership and the risk of loss have been transferred to you.  

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 the property of Xha, its affiliates, or licensors, and are protected by patent law, copyright law, and intellectual property law in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Xha, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved to Xha.
The names, logos, product names, service names, design elements, and slogans of Xha are trademarks of Xha or its affiliates or licensors. You may not use such trademarks without the prior written consent of Xha. 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 trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be able to access third-party customer tools as part of 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 are in no way liable for any damages arising from or related to your use of third-party optional tools.
You use optional tools offered thru the site entirely at your own risk and discretion. You are responsible for ensuring that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party(ies).
We may also offer new features thru the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 - LINKS TO EXTERNAL PARTIES
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of third parties that you wish 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 to your purchase or use of products, services, resources, or content on third-party websites. Carefully review the third party's policies and practices and ensure you understand them before engaging in a transaction. For complaints, claims, concerns, or questions about products and services from third parties, you should contact the relevant third party directly.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Xha uses Shopify so we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with Xha. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Xha, including injury, damage, or loss resulting from purchased products and services. You hereby expressly indemnify Shopify and its affiliates from all claims, damages, and liabilities that may arise from or be related to your purchases from and transactions with Xha.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect thru 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 in order to provide and improve the Services to you. Information you submit to the Services will be sent to and shared with Shopify, as well as with third parties who may be located in countries other than where you live, so they can provide you with services. 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 referred to as "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 can use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfilll our obligations and exercise our rights under the Terms of Service.
You further declare and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not obligated now or in the future to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise unacceptable, or that infringes upon a party's intellectual property rights or these Terms of Service.
You agree that your Feedback does not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements, nor will it contain computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or a third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information regarding or within the Services may be provided that contains typographical errors, inaccuracies, or omissions. This information may be related to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information. We can also cancel orders if relevant information is incorrect, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activities; (b) to violate any international, national, federal, or provincial law, regulation, rule, or local ordinance; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employes or any other individuals; (e) to transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or any other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or inhibits others from using the Services, or that, as determined by us, may be harmful to Xha, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to do the following: (a) uploading or transmitting viruses or other types of malicious code that affect or may affect the functionality or operation of the Services in any way; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services; (c) collecting or tracking the personal information of others; (d) using spam, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) disrupting or circumventing 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 part thereof) at any time at our sole discretion and without prior notice. You remain liable for all amounts due up to the date of termination.
The following articles shall also remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should remain valid after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided on or thru the Services is for general informational purposes only. We are not responsible for the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is therefore strictly at your own risk. We disclaim all liability and responsibility arising from your, other users of the Services, and other individuals who are aware of its content placing trust in such information.
EXPRESSLY STATED BY XHA, THE SERVICES AND ALL PRODUCTS OFFERED THRU 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 GUARANTY, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. Therefore, the above rejection may not apply to you.  

ARTICLE 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XHA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND 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, loss of profits, loss of revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contractual provisions, tort (including negligence), strict liability, or otherwise, arising out of your use of any of the services or products purchased thru the services, or for any other claim in any way related to your use of the services or a product.  This includes, but is not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of the use of the services or content (or a product) posted, transmitted, or otherwise made available via the services, even if you have been advised of the possibility of such damage.  

ARTICLE 17 - Indemnification
You agree to indemnify, defend, and hold harmless Xha, Shopify, and our affiliates, partners, officers, directors, employes, representatives, contractors, licensors, and service providers from and against all costs related to any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party as a result of or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference herein; (2) your breach 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 that entitles you to indemnification, provided that failure to give timely notice does not release you from your obligations unless you are materially prejudiced thereby. We can handle the defense and settlement of such a claim at your expense, including hiring a lawyer, but we will not settle claims that require non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are obliged to cooperate in the defense of claims that give rise to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is declared unlawful, void, or unenforceable, that provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination does not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure 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 with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service cannot be interpreted to the detriment of the drafter.

ARTICLE 20 - TRANSFER
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent.  We declare any attempt to do so null and void. We may transfer, assign, or delegate these Terms and our rights and obligations to others without your consent or notice to you.

ARTICLE 21 - APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Xha has its principal place of business. You and Xha consent to the jurisdiction and personal jurisdiction of the relevant court.

ARTICLE 22 - HEADINGS
The headings used in this agreement are for information purposes only and do not in any way limit or affect these Terms.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can consult the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Service. We post updates and changes on our website. It is your own responsibility to check our website regularly for any changes. We will send you a notification of any material changes to these Terms in accordance with applicable law. Such amendments shall enter into force on the date specified in the notification. If you continue to access or use the Services after changes have been made to these Terms of Service, you agree to those changes.

ARTICLE 24 - CONTACT DETAILS
Questions about the Terms of Service can be forwarded to us through contact@xha.nl.
You can find our contact information below:
XHA 
contact@xha.nl
van Beethovenlaan 91, 2901EM, Capelle aan den Ijssel, Nederland 
WhatsApp +31626021188 
Chamber of Commerce 96232110 
VAT ID NL00519745B68

Products are exempt from VAT under Article 25 of the VAT Act.