Terms of Service
OVERVIEW
Welcome to Pieter Mulder! The terms “we” and “us” refer to Pieter Mulder. Pieter Mulder operates this store and website, including all information, content, features, tools, products, and related services, to provide you, the customer, with a personalized shopping experience (the “Services”). Pieter Mulder uses Shopify technology, which enables us to deliver the Services.
The terms below, together with all policies referenced in this document (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and address issues such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country or province of residence, and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services—including visiting or browsing our online stores or purchasing products or services—you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for securing your account details and for all activities carried out under your account. You may not transfer, sell, license, or otherwise assign your account to anyone else.
SECTION 2 — OUR PRODUCTS
We make every effort to display our products and services accurately in our online stores. Please note, however, that colors or the appearance of a product may vary depending on your device type and settings.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the presentation in our online stores.
All product descriptions may be changed by us at any time without prior notice. We reserve the right to discontinue any product at any time and to limit the quantities of products offered per person, geographic area, or jurisdiction, at our sole discretion.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Pieter Mulder reserves the right to accept or reject your order at its sole discretion for any reason. Your order will not be considered accepted until Pieter Mulder confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting, as Pieter Mulder may not be able to accommodate cancellation requests after acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you at the email address, billing address, and/or phone number you provided when placing the order.
Your purchases are subject only to return or exchange according to our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time of order and will be listed in your order confirmation. Unless expressly stated otherwise, published prices exclude taxes, shipping, handling, and customs/duties.
Published online prices may differ from prices in physical stores or at third-party (online) retailers. From time to time, we may offer promotions on the Services, which may affect prices and are governed by separate terms. In case of conflict, the promotion terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and to promptly update this information (email, card numbers, expiration dates) so that we can complete transactions and contact you if necessary.
You represent and warrant that (i) the card details you provide are true, correct, and complete, (ii) you are authorized to use the card, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay all charges at published prices, including shipping, handling, and applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times are estimates and not guarantees. We are not responsible for delays caused by carriers, customs clearance, or events outside our control. Once we transfer products to the carrier, ownership and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services—including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof—are owned by Pieter Mulder, its affiliates, or licensors, and are protected by copyright, patent, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, upload, store, or transmit material from the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you rights under any patent, trademark, copyright, or other IP of Pieter Mulder, Shopify, or third parties. Unauthorized use may violate intellectual property laws. Pieter Mulder reserves all rights not expressly granted.
Names, logos, product and service names, designs, and slogans of Pieter Mulder are trademarks of Pieter Mulder or its affiliates/licensors and may not be used without prior written consent. The name, logo, and brands of Shopify are trademarks of Shopify. All other names and logos on the Services are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, over which we have no supervision, control, or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties or representations of any kind. We are not liable for your use of such optional tools.
Use of optional tools is entirely at your own risk; you should read and accept the terms of the relevant provider(s).
We may offer new functionalities through the Services in the future (including new tools and resources). Such features are also subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may include materials and links to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for reviewing the content or accuracy of such sites. Accessing such sites is at your own risk.
We are not liable for damages related to your access to third-party websites or your purchase/use of products, services, resources, or content therein. Carefully review the policies and practices of third parties before engaging in a transaction. Claims and questions regarding third-party products/services must be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
Pieter Mulder uses Shopify technology to provide the Services. However, sales and purchases in our store are made directly with Pieter Mulder. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Pieter Mulder, including injury, damage, or loss arising from products/services you purchase. You expressly waive claims against Shopify and its affiliates arising from or related to purchases and transactions with Pieter Mulder.
SECTION 10 — PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also fall under Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and optimize the Services. Data you submit through the Services will be shared with Shopify and third parties (which may be located outside the Netherlands) in order to provide you with services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise send us ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may use these rights, among other things, to operate, deliver, evaluate, optimize, improve, and promote the Services.
You represent and warrant that: (i) you own all necessary rights to the Feedback; (ii) you have disclosed any compensation/incentives received in connection with the submission; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) compensate you; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we deem, at our discretion, unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes intellectual property rights or these Terms.
You agree that your Feedback will not violate the rights of third parties (including copyright, trademarks, privacy, publicity, or other personal/business rights), will not be unlawful, abusive, or obscene, and will not contain viruses or malware that could affect the Services or any website. You may not use a false email address, impersonate another person, or mislead us/third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or about the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability. We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate—at any time and without prior notice (including after an order has been placed).
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services (directly or indirectly): (a) for unlawful or malicious purposes; (b) in violation of international, national, or local regulations; (c) to infringe intellectual property rights of us or third parties; (d) to harass, abuse, defame, intimidate, or harm employees or others; (e) to transmit false or misleading information; (f) to transmit/post material that does not comply with these Terms; (g) to send/facilitate advertising or promotions, including “junk mail,” “chain letters,” or “spam”; (h) to impersonate another person/entity; or (i) to engage in conduct that restricts another’s use of the Services or that may cause harm or liability to Pieter Mulder, Shopify, or users.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, or exploit any part of the Services; (c) collect or track personal data of others; (d) engage in spam, phishing, pharming, pretexting, spiders, crawlers, or scraping; or (e) bypass or interfere with security features of the Services or related websites. We may suspend or terminate your account if you violate (in whole or part) these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to (parts of) the Services at any time, at our sole discretion, without prior notice; you remain liable for all amounts due up to and including the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive.
SECTION 15 — WARRANTY DISCLAIMER
Information on or through the Services is provided for general informational purposes only. We do not guarantee accuracy, completeness, or usefulness. Any reliance on such information is at your own risk. We disclaim all liability for reliance by you or others.
EXCEPT AS EXPRESSLY STATED BY PIETER MULDER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW (FULL) DISCLAIMER OF IMPLIED WARRANTIES; IN SUCH CASES, THIS DISCLAIMER MAY PARTIALLY NOT APPLY.
SECTION 16 — LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, PIETER MULDER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING—WITHOUT LIMITATION—LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE, INCLUDING ERRORS/OMISSIONS IN CONTENT OR ANY LOSS/DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT/PRODUCTS MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pieter Mulder, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims (including reasonable attorney fees) made by third parties arising from or relating to (1) your violation of these Terms or documents referenced herein, (2) your violation of law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnification claim; failure to provide timely notice does not relieve you, except in cases of material prejudice. We may control the defense and settlement at your expense (including attorney choice), but will not settle any claim imposing non-monetary obligations on you without your reasonable consent. You must cooperate in the defense, including providing relevant documentation.
SECTION 18 — SEVERABILITY
If any provision of these Terms is held invalid, void, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. The remaining provisions shall remain in full force and effect.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision does not constitute a waiver.
These Terms of Service and any policies or rules posted by us on this website or related to the Service constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements, communications, and proposals (oral or written), including earlier versions of these Terms of Service.
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 20 — ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights/obligations without our prior written consent; any attempt to do so is void. We may assign, transfer, or delegate these Terms and our rights/obligations without your consent or notice.
SECTION 21 — GOVERNING LAW
These Terms of Service and separate agreements under which we provide the Services are governed by and construed in accordance with the laws and courts of the jurisdiction where Pieter Mulder is established, being the Dutch courts. You and Pieter Mulder agree to jurisdiction and venue in these courts.
SECTION 22 — HEADINGS
Headings in this agreement are for convenience only and do not limit or otherwise affect the Terms.
SECTION 23 — CHANGES TO THE TERMS OF SERVICE
You may 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 at our sole discretion by posting updates on our website. You are responsible for periodically checking for changes. We will notify you of material changes as required by law; such changes take effect on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service can be sent to info@david-watches.com