Disclaimer
• Agreement
• Usage of service/Account terms
• Ordering
• Inspection – Returns – Replacements – Refunds
• Intellectual property
• Applicable Law
• Limitation of liability
• Changes to the Website, the Services and these Terms and Conditions/li>
• Commenting & posting on the forum
• YourKees Privacy Statement
Agreement
Your usage of the Site is subject to your compliance with the terms and conditions set forth below. If you do not agree to these Terms of Use, do not use the Site.
YourKees may modify these terms and conditions at any time, and such modifications shall be effective immediately upon the posting of the modified version on the Site. Your continued use of the Site shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected but you willhave to provide evidence of the terms which were applicable at the time of purchase.
Orders placed by you are accepted and all contracts are made subject to these terms and conditions which shall prevail and be effective notwithstanding any variations or additions contained in any order or other document submitted by you. No modification of these terms shall be binding upon YourKees or any of its subsidiaries or affiliated companies unless made in writing by an authorised representative of YourKees.
The Site is available only in English and an order can be placed only in English.
Usage of service/Account terms
You must be at least eighteen (18) years of age to use this site. If you are under 18, you may use YourKees only with the consent of a parent or guardian. You must provide current, and accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the site. You are responsible for maintaining the confidentiality of your account and password, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Ordering
1) Placing an order To order the model you have created in the Kees builder, select the model and click the order button. Then choose the quantity of the model you wish to order. As the next step, we ask you to provide us with information we need for the delivery of the model. Finally you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.
2) Prices in the Gallery The prices displayed on theKees Website are only valid for the moment that they are displayed. YourKees reserves the right to change its prices at the site without prior notice. Such changes however will have no effect on orders completed before the posting of a new price on the website. We do our utmost to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be refunded to you.
3) Payment and price
The amount indicated on the ordering page includes the fee for the Service (such as printing and packing the model) and the price for the materials used to produce the model. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in either U.S. dollars (USD) or Euros (EUR). If you do not pay in USD or EUR, the currency conversion will be handled by our payment service provider.
You can initiate your payment for your order via Ideal, Creditcard or PayPal. If you chosoe to pay using PayPal you will be directed to the PayPal.com website.
YourKees shall not be responsible in any way for the payment process transacted via the PayPal.com website. Please familiarize yourself with the terms of use of PayPal’s payment services.
We will not perform further action until we have received confirmation via PayPal that the transfer of the amount indicated in the order confirmation form has been completed or the funds appear on our bank account.
4) Acceptance
After accepting your order we will send you an order confirmation to the e-mail address associated with your YourKees account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to YourKees customer service.
5) Order Tracking
Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, etc. We aim to continuously change and improve this system.
6) Shipping
Your order will be delivered to the shipping address you specify during the order process.
We deliver to many countries all over the world – if you can’t find your country in the dropdown menu offered, then we’re sorry to say we can’t send you a KEES there, our apologies!
We endeavour to ship your KEES within 15 working days, however, the actual time of delivery will depend upon the country of destination.
Inspection – Returns – Replacements – Refunds
As the products are made immediately on the basis of your specifications, there is no right to return or possibility for cancelling your order within a certain period of time.
Upon delivery of the product, YourKees expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible – at the latest 5 days after your receipt of the product. In the case that you omit to exercise this control or decide to use a non-conform product, you releaseYourKees from any liability for the possible consequences of the usage of this product.
You should not return products without having received an explicit request from YourKees to do so.
YourKees reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of YourKees vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of YourKees, such as that for consequential loss, other indirect loss and loss as a result of third party liability, is excluded.
Internet communications are capable of data corruption and therefore YourKees does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. YourKees does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify YourKees in writing that e-mail is not an acceptable means of communication.
Intellectual property
YourKees grants you a limited, non-exclusive license to generate quotes and place orders with YourKees. YourKees retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site.
The YourKees.com website contains names, which are trademarks and/or brand names of YourKees. These marks and other YourKees brand names may not be used without the written permission of YourKees. The copyright in the content of the Site is owned by YourKees or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of YourKees or the identified owner of the information and content.
Applicable Law
The sale of products and these terms shall be governed by and construed under the laws of The Netherlands. All disputes will be submitted to the exclusive jurisdiction of the Courts of Leeuwarden.
Limitation of liability
The information and content provided on the Site and your access of the Site does not create any relationship between you and YourKees.
ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. YourKees DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
YourKees SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM.
UNDER NO CIRCUMSTANCE CAN YOURKEES BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF YOURKEES VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.
Changes to the Website, the Services and these Terms and Conditions
YourKees reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
Commenting & posting on the forum
Racism, prejudice or hate speech in any shape or form are not, and will never be, tolerated by YourKees.
YourKees Privacy Statement
Information we collect:
YourKees, and its affiliates collects and uses your personal data such as your name, e-mail address and your place of living in order to provide you with the YourKees services. When you register on the Website, we ask for your name and email address in order to create an account for you. When you send an order to us, we ask for your delivery address to be able to fulfill your orders. Your email address or avatar will be used or to enable you to communicate with other users of the Website.
We also use your information to communicate with you about our services. You can always indicate and change your choice whether you want to receive such communication from us in your user profile page. We also may use your personal data for our internal purposes such as administration of our Website, improving our services, and compliance with our legal obligations.
Data Security
Your personal data will be collected and treated in strict confidence and kept secure according to “best practices” such as firewall, user access control. Access to your personal data will be restricted to a limited number of administrators.
Access, updates
Once you have provided us with your personal data, you will have reasonable access to that information so you can update, modify or delete it. You may do this by logging into your YourKees account. We encourage you to keep your personal settings complete and current. By accessing your personal profile, you also may change your preferences on how we communicate with you.
If you wish to have your account and personal data deleted, we request that you send an email asking us to do this.
Information we share
We do not sell, rent or license your personal data to third parties. However, please be informed that we may share your personal data with other businesses (our service providers) for example to enable them to provide their services to us or to you (for instance handling your orders). We require these service providers to protect your personal data adequately. They are not allowed to use your personal data for any purpose not specifically authorized by YourKees or by you.
You should know that these service providers may be located around the world, therefore by ticking the box at the time of registration you agree that your personal information may be transferred from your home country to third parties located around the world.
Your Choice to Disclose: We are not responsible for any personal data you choose to share on the online community since any personal data you share can be read, collected or used by other individuals in ways we are unable to control or predict, such as to send you unsolicited emails.
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your account. Communications relating to your account will only be sent for purposes important to the Services, such as password recovery.
We do not currently collect financial information, as that information is collected and stored by our third party payment processor. However, we may from time to time request and receive some of your financial information from our payment processor for the purposes of completing transactions you have initiated through the services, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Except as set forth in this Privacy Statement, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.
Information we collect by automated means
We collect certain information by automated means when you visit our website, such as how many users visited our site and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors. We collect this information through various means such as “cookies”, “Google analytics” and “IP addresses” as explained below.
“Cookies” are bits of text that are placed on your computer’s hard drive when you visit certain websites. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify site features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our Website features.
Our Website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help analyze how users use this Website. The information generated by the cookie about your use of this Website (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted to and stored by Google on servers in the United States. Google will use this information to monitor your use of this Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that by not accepting cookies, you may not be able to take full advantage of all features on this Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
An IP address is a unique identifier that electronic devices use to identify and communicate with each other on the Internet. When you visit our Website, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what regions of the world our Website visitors come. We also may use this information to enhance our Website.
Other websites
Our Website may provide links to other websites for your convenience and information. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked sites.
Contact us
Should you have a problem with our use of your personal data, please let us know and we will make all reasonable efforts to meet your concerns. In case you have any questions or comments regarding this Privacy Statement, please contact us via YourKees customer service.
Changes to the Privacy Statement
We reserve the right to change this privacy statement from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used.
