Terms of Service

INTRODUCTION

This website is operated by Capimara. Throughout the site, the terms “we”, “us” and “our” refer to Capimara. Capimara 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. 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 - APPLICABILITY

These terms and conditions apply to all offers, quotations, activities, orders, agreements, and deliveries of services and/or products provided by or on behalf of Capimara.
Deviations from these terms and conditions are only valid if expressly agreed upon in writing by both Capimara and the Customer.
Capimara and the Customer explicitly exclude the applicability of any general terms and conditions of the Customer or third parties.

SECTION 2 - 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.

SECTION 3 - 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.

SECTION 4 - 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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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 site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - ERRORS, INACCURACIES AND OMISSIONS

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).
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.

SECTION 6 - PROHIBITED USES

In addition to other prohibitions as set forth in the 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 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.

SECTION 7 - THIRD-PARTY LINKS AND (OPTIONAL) TOOLS

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

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 the optional tools offered through the site 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.

SECTION 8 - 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.
In no case shall Capimara, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Capimara 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.

SECTION 10 - 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.

SECTION 11 - TERMINATION

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

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, 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 forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - 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.

SECTION 15 - CUSTOMER INFORMATION OBLIGATIONS

The Customer agrees to provide all information, data, and documents necessary for the proper execution of the Agreement with Capimara in a timely manner and in the format specified by Capimara.
The Customer warrants the accuracy and completeness of the information, data, and documents provided, including those obtained from third parties, unless expressly stated otherwise in the Agreement.
Upon the Customer’s request, Capimara will return any relevant documents provided in connection with the Agreement.
If the Customer fails to provide the required information, data, or documents, or provides them inaccurately, incompletely, or belatedly, resulting in a delay in the execution of the Agreement, any additional costs or expenses incurred, including extra hours worked by Capimara, shall be borne solely by the Customer.

SECTION 16 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 restrictions 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 the e‑mail 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 judgment, appear to be placed by 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 credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.

SECTION 17 - PRODUCTS AND/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 only according to our Refund Policy.
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.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 18 - PRICING AND SERVICE CHANGES

All prices for products and services are listed in euros and include VAT, but exclude additional costs such as administrative or shipping fees, unless otherwise agreed upon in writing.
Prices are subject to change without prior notice.
Capimara reserves the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice.
Capimara shall not be liable to the Customer or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

SECTION 19 - COMMISSIONS TERMS

All amounts quoted in the Quotation and/or in the Agreement are inclusive of VAT, unless explicitly stated otherwise.

 An ‘indicative price’ listed in the Quotation or agreed to in the Agreement is a non-binding indication of the price for the Commission, excluding the expenses incurred by Capimara (in consulation with the Client). The final price for the Commission (also in case there is no ‘indicative price’) shall be determined and invoiced on the basis of subsequent calculation. Capimara is entitled to index that part of the price for the Commission not yet invoiced, in accordance with the adjustment of the rates used by Capimara.

 If a ‘fixed price’ is agreed in the Agreement, this shall be the price for the Commission, excluding the expenses incurred by Capimara (in consultation with the Client). If the scope of the Commission is changed or expanded - with approval of the client-, or in case Capimara had to perform additional work because the Client did not inform Capimara fully and clearly about its wishes, demands or preconditions upon entering into the Agreement, Capimara shall invoice the Client for the additional costs incurred on the basis of subsequent calculation and the Client is obliged to pay these additional costs. 

 A Quotation is valid for one month, unless Capimara explicitly stipulates a different term in the Quotation. On acceptance of the Quotation, an Agreement is deemed to be concluded. If the Client requests to perform (any part of) the Commission, the Client thereby accepts the Quotation.

 The Client shall use the Quotation (including any modifications, additions thereto or deviations therefrom) exclusively to determine if the Client will assign the Commission to Capimara. If no Agreement is concluded, Capimara solely retains all rights with respect to the content of the Quotation, with the exception of any processed information originating from the Client.

 In order to carry out the Commission, the Client is required to make a non-refundable deposit of 50% of the agreed price to cover costs of prototyping. After following the necessary process as mentioned at the Dice Commission Page, the Client is required to pay the remaining balance within three business days, along with the costs of shipping. If payment isn’t received, Capimara reserves the right to sell the commission, as well as any test pours, to other Clients. 

 Capimara will perform the Commission within the agreed (estimated) term. If this term is likely to be exceeded, the Parties will consult each other in order to determine a new term. 

 Capimara shall use reasonable endeavours to carry out the Commission. Capimara will provide updates at key milestones of the process and will deliver the Final Product to the Client.

 If Capimara has not received all the materials and information from the Client that are required for the performance of the Commission, Capimara is not obliged to commence the performance of the Commission. If Capimara receives these materials and/or information later than agreed, the (estimated) term for the performance of the Commission as stated in the Agreement shall be extended by at least the duration of this delay. 

 The Client is free to terminate the Commission at any time. However, when the Client revokes the Commission, the Client will be invoiced for work completed up to the termination date, including any materials or labor costs incurred.

SECTION 20 - RIGHT OF RETENTION

Capimara reserves the right to retain the Customer’s products until all outstanding invoices have been paid in full, unless the Customer provides sufficient security for these costs.
This right of retention also applies to prior agreements under which the Customer has not fulfilled payment obligations to Capimara.
Capimara is not liable for any damages suffered by the Customer as a result of exercising its right of retention.

SECTION 21 - DELIVERY TERMS

Delivery of products is subject to availability.
The Customer is responsible for ensuring that delivery of online-ordered products can be completed. Products ordered online will be delivered to the address specified by the Customer. Capimara is not liable for any issues arising from inaccurate or incomplete information provided by the Customer.
Delivery times indicated by Capimara are estimates and not guarantees. In the event of a delayed delivery, the Customer shall not be entitled to any rights or claims unless otherwise agreed upon in writing.
The Customer is responsible for all delivery fees unless otherwise agreed upon in writing.
If the Customer is unable to accept the ordered products on the agreed delivery date, any risk of loss in product quality shall be borne entirely by the Customer.
Any additional costs incurred due to premature or delayed delivery of products will be the sole responsibility of the Customer.

SECTION 22 - OBLIGATION TO NOTIFY COMPLAINTS

The Client/Customer is required to immediately report any complaints about the product or work performed in writing to Capimara. The complaint contains an as detailed as possible description of the shortcomings, along with any relevant supporting information, so that Capimara is able to respond adequately. Failure to report complaints may result in the forfeiture of the Customer’s right to remedies or compensation. In any case, a complaint can’t lead to Capimara being obliged to perform activities other than those agreed.
Capimara will respond to complaints within a reasonable period after receipt and, where applicable, work with the Customer to resolve the issue amicably. 

SECTION 23 - WARRANTY AND RISK

The warranty on products applies exclusively to defects resulting from defective manufacturing, construction, or materials.

The warranty does not cover:

  • Normal wear and tear of the product;
  • Damage caused by accidents;
  • Damage resulting from modifications made to the product;
  • Damage caused by negligence or improper use by the Customer;
  • Situations where the cause of the defect cannot be clearly determined.

The risk of loss, damage, or theft of products supplied by Capimara transfers to the Customer upon delivery or, at the latest, when the products come into the possession of the Customer or a third party receiving the products on their behalf.

SECTION 24 - FORCE MAJEURE

Capimara shall not be liable for any omission or any delay in the performance of the Agreement if the omission or delay is due to force majeure as defined in [section x] and/or the applicable law or case law. In case of such omission or delay, the performance of the relevant part or the relevant parts of the Agreement shall be suspended for as long as the omission in question continues, in which however no liability arises for Capimara towards the Client for any loss which the Client may suffer as a result. 

Force majeure includes circumstances beyond Capimara’s control or action which are such that according to criteria of reasonableness and fairness (furter) compliance with the Agreement cannot be required. In this paragraph, force majeure includes, but is not limited to, the following situations:

  • such absence of Capimara due to sickness that the performance of the Agreement is severely hindered
  • force majeure by third parties which are engaged by Capimara
  • technical failures
  • import- export and/or transit prohibitions
  • operational failures, traffic and/or transport disruptions
  • Alterened government measures
  • epidemic and pandemic
  • computervirusses or other malfunctions
  • extreme weather conditions
  • terrorism or war
  • fire

If a force majeure event continues during a period of three (3) consecutive months, Capimara shall have the right to terminate the Agreement in whole or in part, with no obligation to pay any compensation to the Client.

SECTION 25 - 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 governs 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 the drafting party.

SECTION 26 - 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. 

In case of a dispute between the Parties concerning the Terms (or related Agreements) that cannot be resolved amicably between Parties, this dispute shall be exclusively settled by the competent court in Lelystad, the Netherlands, unless otherwise provided by law. 

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at inquiries@bycapimara.com. Our contact information is posted below:

Capimara
Ranonkellaan 333, 8245HE Lelystad, The Netherlands
+31611765320
Dutch Chamber of Commerce (KVK) registration number - 66710537
VAT number - NL002329024B72