Terms of service

OVERVIEW

This website is operated by The MBF. Throughout the site, the terms “we”, “us” and “our” refer to The MBF. The MBF 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.

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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 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, province or country of residence, or that you are the age of majority in your state, province or country 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, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time, subject to applicable law.

You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is 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, access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

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

SECTION 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 more accurate, complete or timely sources of information where appropriate.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, subject to applicable law.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, except where applicable law requires otherwise.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, subject to applicable law.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot legally be excluded.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange in accordance with our Refund Policy:

https://thembf.nl/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your device or monitor will display colors accurately.

We reserve the right, subject to applicable law, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

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, subject to applicable law.

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.

We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet every individual expectation.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel an order where permitted by applicable law.

We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that appear to be placed by unauthorized dealers, resellers or distributors.

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 payment information, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy:

https://thembf.nl/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS

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

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, except where applicable law provides otherwise.

Your use of optional third-party tools is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider supplies those tools.

We may also offer new Services and/or features through the website in the future. Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials or links from third parties.

Third-party links on this site may direct you to websites that are not affiliated with or controlled by us.

We are not responsible for examining or evaluating the content, accuracy, privacy practices or security of third-party websites.

We shall not be responsible for damages or losses arising from transactions made directly with third-party websites, except where applicable law provides otherwise.

Please review the third party’s policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, you agree that we may use such submissions where permitted by applicable law.

We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.

You are responsible for the comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

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

https://thembf.nl/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate.

Where legally permitted, we may cancel an order if information relating to that order was materially inaccurate.

Nothing in this section affects any rights you have under applicable consumer law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, national or local laws and regulations;
(d) to infringe upon our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to unlawfully collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape where prohibited;
(j) for obscene or unlawful purposes; or
(k) to interfere with or circumvent the security features of the Service or related systems.

We reserve the right to terminate or restrict your use of the Service for violating these prohibited uses, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of our Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that every result obtained from use of the Service will always be accurate or reliable.

The Service and products delivered through the Service are provided subject to all statutory rights and guarantees that apply under applicable law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

To the maximum extent permitted by law, The MBF and its directors, officers, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for indirect, incidental, special or consequential damages arising from your use of the Service or products purchased through the Service.

Your statutory consumer rights remain unaffected.

SECTION 14 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless The MBF and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers from claims arising from your material breach of these Terms of Service or your violation of applicable law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before termination shall survive termination where applicable.

These Terms remain effective unless terminated in accordance with these Terms or applicable law.

You may stop using our Services at any time.

If you materially breach these Terms of Service, we may restrict or terminate your access to the Services where permitted by applicable law.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the agreement between you and us regarding your use of the Service, subject to applicable mandatory consumer law.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Nothing in these Terms limits statutory rights that cannot lawfully be waived.

SECTION 18 - GOVERNING LAW

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

If you are a consumer, this choice of law does not deprive you of any mandatory protections that apply under the law of your country of residence.

SECTION 19 - CHANGES TO 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 parts of these Terms of Service by posting updates and changes to our website, subject to applicable law.

Where legally required, material changes will be communicated appropriately.

Your continued use of the website or Service after changes become effective constitutes acceptance of those changes where permitted by applicable law.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

The MBF
info@thembf.nl
+31 6 14958590

Registered business address:
Marisbergstraat 22
1333 ZN Almere
Netherlands

Physical store:
Bolderweg 2 B19
1332 AT Almere
Netherlands

KvK: 96189886
BTW-ID: NL005194326B95

Website:
https://thembf.nl