General Terms and Conditions

OVERVIEW
This website is operated by TWINKY. Throughout the site, the terms "we", "us", and "our" refer to TWINKY. TWINKY 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 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 content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, 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.

All new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most recent 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 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.

PART 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, or that you are the age of majority in the state or province where you reside and have given us permission 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 using the Service, violate any laws applicable in your jurisdiction (including, but not limited to, copyright laws).
You may 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 the immediate termination of your Services.

SECTION 2 - 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 (a) involve transmissions over various networks; and (b) undergo changes to conform and adapt to the 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 our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

PART 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes 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 is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

PART 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged according to our Return 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 computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale 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 products or services we offer. All product descriptions or product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the 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 using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases you make in 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 refer to our Return Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or 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 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 under which the tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website in the future (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 – THIRD-PARTY LINKS
Certain content, products, and services available through 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 shall have no liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not liable for any damage or loss related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Carefully review the third party’s policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS
If you send us certain specific submissions at our request (for example, contest entries), or send us creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to 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, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe upon any third-party rights, including copyrights, trademarks, privacy, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. To view our 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 that may relate to product descriptions, pricing, promotions, offers, product shipping costs, 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 a related website is inaccurate at any time and 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 a related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on a related website should be taken as an indication that all information in the Service or on a related website has been modified or updated.

SECTION 12 - 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 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, 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 affects the functionality or operation of the Service or 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 13 - 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 guarantee that the results that may be obtained from using the service will be accurate or reliable.
You agree that we may from time to time remove the service for an indefinite period or cancel the service at any time, without notifying you.
You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are (unless expressly stated otherwise 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 event shall TWINKY, 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, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or products obtained through the service, or for any other claim in any way related to your use of the service or any product, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind resulting from the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or 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 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TWINKY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 incorporated herein by reference, or your violation of any 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, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, with such determination not affecting the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service remain in effect unless and until terminated by 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 stop using our site.
If you fail, in our sole judgment, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination; and/or you may accordingly be denied access to our Services (or any part thereof).

ARTICLE 17 - 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, 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 18 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you are governed by and construed in accordance with Dutch law.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can view the most current version of the Terms of Service at any time on 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 on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after changes to these Terms of Service have been posted constitutes acceptance of those changes.


SECTION 20 - DEPRECIATION
If the product is damaged, or the packaging is more damaged than necessary to try the product, we may charge you for this depreciation in the product’s value. Therefore, handle the product with care and ensure that it is properly packaged when returned.

SECTION 21 - RETURNS POLICY

It is important to include all three withdrawal periods in the general terms and conditions. These periods are as follows:

1. The customer has 14 days to withdraw from the order (report the return).
2. After this notification, the customer has another 14 days to actually return the product.
3. The refund must be issued within 14 days of the return notification.

Use the following text or your personalized general terms and conditions:

Right of withdrawal

For the supply of products:

1. When purchasing products, the consumer has the right to terminate the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.
2. During the cooling-off period, the consumer must handle the product and its packaging with care. They may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product to the trader with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must provide this notification using the model form or another means of communication, such as email. After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example by providing proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

For the supply of services:

1. For the supply of services, the consumer has the right to terminate the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Costs in the event of withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, and no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product’s value.
4. The consumer cannot be held liable for any reduction in the product’s value if the trader has not provided all legally required information about the right of withdrawal before concluding the sales agreement.

Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the trader in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned by their nature;
• that can spoil or age rapidly;
• whose price depends on fluctuations in the financial market over which the trader has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygiene products whose seal has been broken by the consumer.
• Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
• for which delivery has begun with the consumer’s express consent before the cooling-off period has expired;
• concerning betting and lotteries.

PART 22 - DISPUTE RESOLUTION
In the event of complaints, consumers should first contact Twinky at info@twinkystore.nl. We strive to reach a suitable solution together with the consumer through mutual consultation.

PART 23 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at info@twinkystore.nl.