TERMS AND CONDITIONS
Last update November 17, 2020
Welcome to SCRUBBY™! The site my-scrubby.com and its authorized variations including each subdomain and mobile version ("Site") is operated by Laurien Testaert ("we" or "us"). Where relevant in relation to a Transaction, "we" or "us" may also refer to another legal entity within the Laurien Testaert group, as set out in clause 9.1.
SCRUBBY™ By accessing, viewing or using the Site in any way, you acknowledge and agree to be bound by the following terms ("Terms"). If you do not agree to these terms, please do not access, view or use the Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
1. CHANGES TO THESE TERMS OR THE SITE
1.1 We reserve the right, at any time, for any reason, in our sole discretion and without notice to you, to change or amend these terms and conditions, and it is your responsibility to return to this page to view any changes. Any changes or modifications will be effective upon posting of the revisions to the Site. You should review these Terms periodically to understand the terms that apply to your use of the Site.
1.2 We reserve the right at any time, for any reason, in our sole discretion and without notice to you, to temporarily or permanently suspend or discontinue the Site (or any part thereof).
1.3 We will not be liable to you or any third party for any changes, suspension or discontinuance of the Site.
2. USE OF THE SITE
2.1 We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for the sole purpose of shopping for personal items featured on the Site are sold and not for commercial use or use on behalf of any third party unless expressly authorized by us in advance. We reserve the right at any time, for any reason, in our sole discretion and without notice to you, to block or prevent your license to use the Site.
2.2 We may assign you a password and an account identifier to enable you to access and use certain areas of this Site. Whenever you use a password or identifier, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of these Terms, and we are under no obligation to authorization or to investigate the source of such access or use of the Site. You are solely responsible for all access to and use of this Site by anyone using the password and identification assigned to you, regardless of whether such access to and use of this Site is actually authorized by you, including of, but not limited to, all communications, transfers and obligations (including financial obligations) arising out of such access or use. You are solely responsible for protecting the security and responsibility of the password and identification assigned to you. You must immediately notify us of any unauthorized use of your password or identification or of any security of this Site.
2.3 You must be 18 years of age or older to access the Site or purchase our Products.
3. OUR INTELLECTUAL PROPERTY
3.1 All text, photographs, designs, graphics, logos, button icons, images, audio clips, video clips, software, code, meta tags, features and other materials on the Site, and their collection, arrangement and assembly (all of which are "Content" ), as well as the brand SCRUBBY™ logos and designs ("Marks"), are owned or licensed to us and: (a) are protected by national and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws; and (b) except as expressly provided in these Terms, may not be used, modified, copied, displayed, transmitted, published, reproduced or distributed in any manner or form without our express prior written consent.
3.2 No right, title or interest in or to the Site or any Content or Marks, except for the non-exclusive, limited license expressly granted to you under Section 2.1, is transferred to you, and any rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a violation of these Terms and may violate copyright, trademark and other laws.
4. USER CONTRIBUTIONS
4.1 Users of the Site may submit ratings, reviews, questions, comments, information, photographs, ideas, know-how, techniques, suggestions, text, photographs, graphics, audio clips, video clips, and other content or materials (excluding credit card information) post, upload, display, distribute, transmit, publish or make available to us (whether through our Site or through any other third party site, software, application or other means).
4.2 All User Submissions you submit are and will be treated as non-confidential and non-proprietary. By submitting a User Submission, you grant us the royalty-free, worldwide, perpetual, irrevocable, and transferable license (including a full disclaimer of all moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, adapt, disassemble, dissolve, delete in their entirety and create derivative works from (in any way and in any form also) such User Submission, for any reason (including marketing and promotions) and through any channel (including emails, social media and the Site). This license will survive any termination of these Terms and your use of the Site.
4.3 You represent and warrant that you own or otherwise control all rights to any User Submission you submit and that our use of your User Submission will not infringe or infringe the rights of any third party. You will not use a false email address, impersonate anyone other than yourself or otherwise mislead us or third parties as to the origin of any User Submission.
4.4 You are solely responsible for the content, accuracy and legality of any User Submission you submit. You will not submit any User Submissions: (a) infringes or infringes any copyright, patent, trademark, service mark, trade secret or other proprietary right of any person; (b) is defamatory, threatening, libelous, obscene, indecent, pornographic, abusive or may give rise to any civil or criminal liability under any applicable law; (c) contains any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or features; or (d) fails to comply with any relevant consumer or advertising law, including with respect to the disclosure of incentives in return for providing the User Submission.
4.5 We do not guarantee the content, accuracy or legality of User Submissions. Where a User Submission violates these Terms or other relevant terms, we may (but are not obligated to) remove or edit the User Submission. In some circumstances, we have no control over the deletion or editing of the User Submission, such as when it is submitted through a third party application, site, software or other means.
4.6 Under no circumstances will we be responsible or liable for any User Contributions to you or any third party.
4.7 We have the right to cooperate fully with any law enforcement agency or court order to disclose the identity or other information of anyone submitting a User Submission and you waive and indemnify us from any claim related to such disclosure.
5. PRIVACY POLICY
5.1 Please read our Privacy Policy, which also applies to your visit to this Site, for information about how we collect, use, disclose and otherwise process information about you.
5.2 To the extent that any User Submission contains personal information, including but not limited to your name, location and photographs of yourself ("Personal Information"), you grant us the right to use the Personal Information in connection with the User Submission. You have the right to contact us at any time with a request to delete or erase your Personal Information. See our Privacy Policy for more information. Please read our Privacy Policy, which also applies to your visit to this Site, for information about how we collect, use, disclose and otherwise process information about you. To the extent that a User Submission contains personal information, including but not limited to your name, location and photos of yourself ("Personal Information"), you grant us the right to use the Personal Information in connection with the User Submission. You have the right to contact us at any time with a request to delete or erase your Personal Information. See our Privacy Policy for more information.
6. LEFT
6.1 You may link to the Site, provided you do so in a way that is fair and legal and that you do not damage our reputation or take advantage of it, but you must not link in such a way that any form of association , endorsement or endorsement with us without our express prior written consent. We may offer certain social media features or affiliate links that enable you to post a link from your own or a third party's website, or to send emails or other communications containing certain content or links to certain content on the site to send. You may use these features only as and for the purpose for which they are provided by us, and you may abide by all relevant terms and conditions associated with such programs.
6.2 The Site may contain links to other sites owned and operated by third parties. You acknowledge that we are not responsible for the operation of or the content located on or through any such site or be liable for any loss or damage you incur from such site.
7. PRODUCT INFORMATION
7.1 We may display various products on the Site from time to time, including, without limitation, individual, bundled, full size, sample, seasonal and gift-with-purchase products, which may be purchased by you through this Site or any third party site. third party ("Product(s)").
7.2 Any information we provide in relation to the Products is for informational purposes only. We do not and do not intend to provide medical advice. It is your responsibility to ensure that the Products are adequate and suitable for your purposes and meet your individual requirements, and to consult a licensed physician or qualified healthcare professional for advice, diagnosis or treatment of any health-related condition. The Products are not intended to diagnose, treat, cure or prevent any disease.
7.3 All Products must be used and stored in strict accordance with their instructions, precautions and guidelines. The products are intended for use by adults only and must be kept out of the reach of children. Always check the ingredients list for possible allergens. If you develop any symptoms, stop using the product immediately and consult your licensed physician or licensed healthcare professional.
7.4 Every individual is different and therefore results may vary from person to person and are not guaranteed. We are not responsible or liable for failure to achieve expected results for any reason.
8. PRODUCTS FOR PERSONAL USE
8.1 Any products you purchase or receive are for personal use only. You may not use any Product or part thereof for any commercial use or for any use that would benefit any commercial party. You may not reproduce, distribute, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, disassemble or otherwise exploit any Product or any portion thereof.
9. PURCHASE OF PRODUCTS
9.1 Any purchase by you of a Product through the Site ("Transaction") constitutes a contract between you and one of the following legal entities within the Laurien Testaert group, depending on your geographic location (as determined by your delivery address):
If you are located in Belgium and the Netherlands:
Laurien Testaert
Steenweg to Braine-l'Alleud nr8/0101
1652 Alsemberg
BE0744 590 509
Please see the Shipping and Returns pages on our Site to learn more about whether we can ship to you at this time.
9.2 When entering into a Transaction, the currency and any applicable GST, VAT or other sales tax will be as shown on the checkout pages on the Site. In the event that an international shipment incurs any import or customs duties, taxes, or charges, you are responsible for making the required payments. These costs are not paid or reimbursed by us. PLEASE CHECK YOUR LOCAL TAX, IMPORT AND CUSTOMS REQUIREMENTS BEFORE ENTERING ANY TRANSACTION.
9.3 You must make payment in accordance with the checkout pages on the Site and you must abide by the terms and conditions of any third party payment provider or processor. Depending on the payment method chosen, another entity within the Laurien Testaert group may collect the payment on behalf of the entity with which you are entering into a Transaction.
9.4 You agree that all details you provide in relation to a Transaction, including for payment purposes, are correct and that you are fully entitled or authorized to enter into such Transaction using such payment method.
9.5 You are responsible for checking the latest version of these Terms each time you enter into a Transaction.
10. PRODUCT SHIPPING AND RETURNS
10.1 The terms contained in the Shipping and Returns pages on our Site are hereby incorporated into these Terms and apply to any Transaction. Please read these carefully before entering into a Transaction.
11. PROMOTIONS
11.1 Additional terms and conditions may apply to certain offers, promotions and competitions. Please refer to the email, web page, social media page or other relevant medium or channel where the specific offer, promotion or competition is being run.
12. TERMINATION
12. 1 In addition to any other legal or equitable remedies, we reserve the right to refuse to process any order, Transaction or account at any time, for any reason, in our sole discretion and without notice to you cancel or terminate, limit, suspend the quantity of Products purchased, terminate or deny access to and use of the Site in whole or in part (including revocation of any password or account identification provided to you) or otherwise refuse to provide service to you for any reason, including, but not limited to, unavailability of Products, incorrect pricing or other information, suspected fraud, unauthorized or illegal activity, including unauthorized resale , or if your conduct violates these Terms, applicable law, or is harmful or contrary to our interests.
12.2 Refusal, suspension, cancellation or termination shall not affect the respective rights and obligations (including, but not limited to, payment obligations) of the parties arising prior to the date of termination.
13. DISCLAIMER AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.
13.1 This clause takes precedence over all other clauses and sets out the entire liability of us, our directors, officers, agents, employees, subsidiaries and associated parties (each a "Laurien Testaert Entity"), and your sole and exclusive remedy, with respect to to the Products, the Site and any Transaction. THE PRODUCTS, THIS SITE AND OTHER TRANSACTIONS ARE TRUSTED BY THE LAURIEN TESTAERT BUSINESS ON AN "AS IS" and "AS AVAILABLE" BASIS. EACH LAURIEN TESTAERTUNIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH LAURIEN TESTAERT- UNIT ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY AND DATA ACCURACY. THIS SITE MAY INCLUDE INACCURACIES, ERRORS, TYPOGRAPHICAL ERRORS OR OTHER CONTENT ERRORS. EACH LAURIEN TESTAERTUNIT DOES NOT WARRANT THAT THE CONTENT OF THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR FREE. You should use only the version of the Site that is dedicated to your country or geographic region, and also confirm the accuracy and completeness of the information from sources other than the Site, before making any decisions regarding the Products. Each Laurien Testaert entity disclaims all liability and responsibility arising from any reliance placed on any information posted to the Site by you or any other visitor, or by anyone notified of its contents.
13.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH LAURIEN TESTAERT ENTITY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS SITE OR TRANSACTIONS. THIS IS AN EXTENSIVE LIMITATION OF LIABILITY APPLICABLE TO ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME, LOSS OF DAMAGES OR DAMAGE TO THIRD PARTY PROPERTY AND CLAIMS.
13.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ALLELAURIEN TESTAERT ENTITIES FOR ANY DAMAGES (REGARDLESS OF THE BASIS OF THE ACTION) ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS NON-MITE, OR ANY THEN THE AMOUNT ACTUALLY PAID TO DE LAURIEN TESTAERT ENTITIES DURING THE MONTH PRIOR TO THE ACTION THAT WOULD GIVE RISE TO THE LIABILITY.
13.4 Nothing in these Terms is intended to affect your rights under the law of your habitual residence that cannot be modified by these Terms. If there is a conflict between these rights and these Terms, your rights will control under applicable local law.
14. COMPENSATION
14.1 You agree to defend, indemnify and hold harmless any Laurie Testaert entity from any and all claims, demands, losses, liabilities, costs, expenses, obligations and damages, including reasonable legal fees arising out of or in connection with such claims claims, losses, obligations and damages: (a) your use of the Site or any Product; (b) your breach of any of these Terms; (c) your violation of any laws or rights of any third party (including, but not limited to, copyright, proprietary rights or privacy rights); or (d) any User Submission provided by you.
14.2 This indemnification obligation will survive any termination of these Terms and your use of the Site.
15. REFERENCES
15.1 You agree that the remedies of any Laurien Testaert unit for an actual or threatened breach of these Terms are inadequate and that any Laurien Testaertunit is entitled to specific performance or injunctive relief, or both, in addition to any damages it may claim, along with reasonable costs of any form of dispute resolution, including, but not limited to, attorneys' fees.
15.2 No right or remedy of any Laurien Testaert entity shall be exclusive of any other right or remedy, whether in law or in equity, including, but not limited to, damages, injunctive relief, attorneys' fees and costs.
16. DISTANCES
PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR LEGAL RIGHTS.
16.1 Most disputes can be resolved informally and efficiently by contacting our customer service team at support@my-scrubby.com.
16.2 You and any relevant Laurien Testaert entity agree that any dispute, claim or controversy arising out of or in any way related to the Products, the Site, any Transaction or these Terms, including any question regarding its existence, validity or termination ("Dispute") shall be referred to and ultimately determined by confidential arbitration in Belgium.
16.3 If you choose to request arbitration, you must first provide us with written notice ("Notice of Claim"). The Notice of Claim should be sent by registered letter to: SCRUBBY - Laurien Testaert Steenweg to Braine-l'Alleud 8/0101, 1652 Alsemberg BELGIUM, with a copy by email to support@my-scrubby.com and should be prominently titled " NOTICE OF CLAIM". The Notice of Claim must include both the shipping and email addresses you want us to use to contact you. If we choose to initiate arbitration proceedings, we will send a Notice of Claim to the billing address you provided, with a copy to the email address you may have provided to us. A Notice of Claim must: (a) describe the nature and basis of the claim or dispute; and (b) state the specific amount of damages or other assistance requested.
16.4 If you and each relevant Laurien Testaert unit fail to agree to resolve the dispute within thirty (30) days of receipt of notice of claim, you or the relevant Laurien Testaert unit may initiate arbitration proceedings. The arbitration shall be governed by the then applicable rules of the Belgian Arbitration Center and administered by the Belgian Arbitration Centre. The arbitrator's decision is final and binding and may be pronounced as an award in any court of competent jurisdiction.
16.5 Notwithstanding any statute or statute to the contrary (but to the extent permitted by applicable law), you and each Laurie Testaert entity agree that any Dispute must be resolved within twelve (12) months of the cause of the Dispute arising. submitted. Otherwise, such a cause is ruled out forever.
16.6 Sections 16.1 through 16.5 shall not apply to the extent that you infringe or threaten to infringe our intellectual property rights in any way, and any Laurie Testaert entity may seek injunctive relief or other appropriate relief in any court of competent jurisdiction. .
16.7 This clause 16 shall survive any termination of these Terms or any Transaction.
17. CLASS ACTION AND EXEMPTION FROM JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS A CLASS ACTION AND A JURY TRIAL THAT AFFECTS YOUR LEGAL RIGHTS.
17.1 YOU AND WE AGREE THAT ALL PROCEDURES FOR RESOLVING OR LITIGING ANY DISPUTE WHETHER THROUGH A COURT OR ARBITRATION WILL BE PERFORMED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT YOU WILL NOT ATTEMPT TO RAIS A DISPUTE IF NOR ATTEMPT TO JOIN THE DISPUTE WITH A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION OR A PRIVATE AUDITORS GENERAL. Further, if you have elected to arbitrate, unless both you and any relevant Laurie Testaert Entity agree otherwise, the arbitrator may not consolidate more than one claim by one person with your claims and may not otherwise preside over any form of a representative or class action lawsuit.
17.2 YOU AND OWN LAURIEN TESTAERT ACTIVITY REPEAT ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO THE COURT OF ONE LAW OR A YEAR, instead, you elect that all claims and disputes be settled by arbitration. In the event that a dispute arises between you and a Laurien Testaert entity in a lawsuit to vacate or enforce an arbitral award or otherwise, YOU AND THE RELEVANT LAURIEN TESTAERT ENTITY WAIT ALL RIGHTS FOR A JUDICIAL TRIAL, instead electing you ensure that the dispute is settled by a court.
18. GENERAL
18.1 No Waiver. Our failure to enforce any provision of these Terms or any Transaction is not a waiver of such provision or right. Any waiver of our rights must be in writing and signed by us, and such waiver shall not be deemed a waiver of any future breach.
18.2 Severability. If any provision of these Terms is held to be invalid, void or for any reason unenforceable, that provision shall be deemed multiple provisions and shall not affect the validity and enforceability of the remaining provisions.
18.3 No transfer. You may not transfer any rights under these Terms or any Transaction in whole or in part without our prior written consent. Any intended transfer without such consent is null and void.
18.4 Entire Agreement. These Terms document the entire agreement between you and the applicable Laurien Testaert Entities with respect to the subject matter and supersede all prior or contemporaneous or additional communications, negotiations or agreements.
18.5 Language. The official language of these Terms is Dutch. A translation of these Terms may be provided for country-specific versions of the Site, but in the event of a conflict between a Dutch and non-Dutch version, the Dutch version of these Terms will prevail. To the extent permitted by applicable law, in the event of a dispute, the parties will ensure that all related documents are in Dutch. All transactions, correspondence and contacts between us are conducted in the Dutch language.
18.6 Applicable Law. These Terms and all Transactions (including any non-contractual obligations arising out of or in connection with these Terms) shall be governed by and construed in accordance with the laws of Belgium. Subject to Article 16.6, both you and any Laurie Testaert entity hereby submit to the exclusive jurisdiction of the courts of Belgium.
If you have any questions or concerns about this Site or these Terms, the easiest way is to contact us at support@my-scrubby.com.
