Terms of service
OVERVIEW
Welcome to NAYARITH.
The terms “we”, “us” and “our” in these Terms refer to NAYARITH. NAYARITH operates this online store and website, including the information, content, features, products and services offered through it.
Our online store is technically powered by Shopify. However, purchases made through this online store are made directly from NAYARITH.
These Terms and Conditions (“Terms”) apply to the use of our website and to agreements concluded through our online store between NAYARITH and the customer.
By visiting our website or placing an order, you agree to these Terms and to our Privacy Policy.
Any mandatory rights you have as a consumer under applicable law are not limited by these Terms.
SECTION 1 – ACCESS AND ACCOUNT
To place an order through our online store, you may be asked to provide information such as your name, email address, billing address, shipping address and payment details.
You are responsible for providing accurate, current and complete information.
If you create an account, you are responsible for keeping your login details confidential and for activities carried out through your account.
You may not use our website or services for unlawful purposes.
SECTION 2 – OUR PRODUCTS
We do our best to display and describe our products as accurately as possible.
Due to differences between screens, settings and devices, colours displayed on a screen may differ slightly from the actual colour of a product.
For each product, where possible, we provide relevant details such as material, fit, sizing, colour and other product characteristics.
Minor differences in display do not affect consumers’ statutory rights. A delivered product must meet what the customer may reasonably expect based on the agreement and the information provided.
We may modify products or remove them from our range. Such changes will not affect agreements that have already been concluded.
SECTION 3 – ORDERS, CANCELLATION AND WITHDRAWAL
When you place an order through our online store, you will receive an electronic confirmation.
An agreement between you and NAYARITH is concluded when we confirm your order, unless the confirmation clearly states that it is only an acknowledgement of receipt.
We reserve the right not to accept or to cancel an order if there is a valid reason to do so, for example in the event of:
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insufficient stock;
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an obvious pricing or input error;
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suspected fraud or misuse;
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incorrect or incomplete customer information;
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a legal obligation that prevents us from supplying the order.
If an order that has already been paid for is cancelled by us, we will refund the amount you paid.
Statutory cooling-off period
When you, as a consumer, purchase a product online, you generally have the statutory right to withdraw from the agreement within 14 days after receiving the product, without giving any reason.
You may use our online withdrawal function, the model withdrawal form, or notify us in another unambiguous way that you wish to withdraw from the agreement.
More information can be found in our Return & Refund Policy: Return & Refund Policy – NAYARITH.
After notifying us of your withdrawal, you generally have another 14 days to return the product.
The direct costs of returning the product are the responsibility of the customer, unless we have expressly stated otherwise or the law requires us to bear those costs. This is also clearly stated in our Return & Refund Policy.
When you validly withdraw from an entire order, we will refund the purchase price and the cost of the standard delivery method offered by us. We are not required to refund any additional costs resulting from a more expensive delivery method chosen by you.
We will issue the refund no later than 14 days after we have been informed of your withdrawal. We may withhold the refund until we have received the products or until you provide proof that you have returned them, whichever occurs first.
The refund will generally be made using the same payment method used for the original payment, unless otherwise agreed.
During the cooling-off period, you may inspect and assess the product as you reasonably would in a physical store. If the product has been used beyond what is necessary to establish its nature, characteristics and functioning, the consumer may be liable for any resulting reduction in value.
Statutory exceptions to the right of withdrawal remain applicable where relevant.
SECTION 4 – PRICES AND PAYMENT
All prices displayed to consumers in our online store are in euros and include applicable VAT, unless expressly stated otherwise.
Any shipping costs or other additional charges will be clearly displayed before you complete your order.
The price applicable at the time you place your order is the price that applies to the agreement, except in the case of obvious errors.
We may change our prices, promotions and discounts for future orders.
Available payment methods are displayed during checkout. Payments are processed through Shopify Payments and/or other payment services offered by us.
You are responsible for providing correct payment and billing information.
SECTION 5 – SHIPPING AND DELIVERY
We provide information during the ordering process or in our Shipping Policy about available shipping methods, shipping costs and expected delivery times.
Our full Shipping Policy can be found here:
We do our best to deliver orders within the stated timeframe.
Where no specific delivery time has been agreed, we will deliver the order within the legally applicable period.
Unless expressly stated otherwise, stated delivery times are estimated delivery times. Delays caused by, for example, carriers may occur.
If delivery does not take place within the agreed or legally applicable period, the consumer has the rights granted to them under applicable law.
NAYARITH bears the risk of loss of or damage to the order until the customer or a third party designated by the customer has actually received the order.
If the customer personally selects a carrier that is not offered by NAYARITH, the risk may transfer earlier in accordance with the law.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the NAYARITH website, including but not limited to the brand name, logos, designs, artworks, photographs, images, videos, texts, product names and graphic elements, is owned by NAYARITH or used by NAYARITH with permission, unless otherwise stated.
This content is protected by applicable intellectual property laws.
Without prior written permission from NAYARITH, you may not copy, reproduce, publish, distribute, modify or otherwise use this content for commercial purposes.
Use of our website does not grant you any ownership rights or licences in the intellectual property of NAYARITH, Shopify or third parties, except where expressly permitted.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may offer features or services through our website that are provided by third parties.
Additional terms and privacy policies of those third parties may apply to such services.
To the extent permitted by law, we are not responsible for third-party services over which we have no control.
If you choose to use such a service, we recommend reviewing the applicable terms and conditions.
SECTION 8 – LINKS TO EXTERNAL WEBSITES
Our website may contain links to websites or services operated by third parties.
NAYARITH does not always have control over the content or operation of these websites and, to the extent permitted by law, is not responsible for their content, availability or policies.
If you enter into an agreement with a third party through an external website, the terms and conditions of that third party will apply.
This provision does not limit any rights you have against NAYARITH under mandatory law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
NAYARITH is supported by Shopify, which enables us to provide our online store and services to you.
However, all sales and purchases made through our online store are made directly with NAYARITH.
Shopify is not the seller of the products offered by NAYARITH and is not a party to the sales agreement between you and NAYARITH.
To the extent permitted by applicable law, Shopify is not responsible for obligations of NAYARITH arising from the sales agreement between NAYARITH and the customer.
SECTION 10 – PRIVACY
We process personal data in accordance with our Privacy Policy:
Because our online store is hosted by Shopify, Shopify may process personal data that is necessary to make the online store and related services available.
More information about how personal data is processed by NAYARITH, Shopify and any other service providers can be found in our Privacy Policy.
Shopify’s Privacy Policy can be found on Shopify’s website.
SECTION 11 – REVIEWS, FEEDBACK AND OTHER CONTENT
If you voluntarily provide us with a review, rating, suggestion, photograph, message or other feedback, you grant NAYARITH permission to use that content to the extent reasonably necessary for our business operations, communications and marketing, unless otherwise agreed.
You confirm that you are entitled to share the content you provide with us and that it does not infringe the rights of third parties.
You may not distribute unlawful, discriminatory, threatening, abusive, misleading or otherwise unlawful content through our website.
We may remove content where there is a valid reason to do so, for example because it is unlawful or infringes the rights of others.
We will not present reviews or ratings in a misleading manner.
SECTION 12 – ERRORS AND INACCURACIES
Although we manage our website carefully, errors or inaccuracies may occasionally occur, for example in product information, stock levels, delivery times or prices.
We may correct obvious errors.
If an error affects an order you have placed, we will contact you where necessary.
To the extent permitted by law, we may cancel an order where there is clearly an obvious error, for example a price that the customer should reasonably have understood could not be correct.
If a payment already received must be refunded as a result, we will do so as soon as possible.
SECTION 13 – PROHIBITED USE
You may not use our website for purposes that violate the law or the rights of NAYARITH or third parties.
This includes, but is not limited to:
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using our website for fraud, deception or other unlawful activities;
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infringing intellectual property rights;
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distributing viruses, malware or other harmful code;
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circumventing security measures;
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collecting personal data of others without a lawful basis;
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using the website in a way that seriously disrupts its operation;
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impersonating another person or business;
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distributing unsolicited commercial messages or spam through our services.
We may take appropriate measures against misuse of our website.
SECTION 14 – AUTOMATED SYSTEMS AND AGENTS
Automated software, bots, agents and similar systems may use our website only to the extent permitted by law and provided that our technical security measures and usage restrictions are respected.
You may not circumvent technical measures such as CAPTCHAs, access restrictions or security features without permission.
We may technically restrict automated access to our website where necessary for security, availability, fraud prevention or the protection of our rights and those of our customers.
SECTION 15 – SUSPENSION AND TERMINATION
We may restrict or terminate access to certain parts of our website where a user seriously breaches these Terms, misuses our website, commits fraud or where we are legally required to do so.
Such suspension or termination does not affect existing statutory consumer rights or obligations arising from sales agreements that have already been concluded.
Provisions which by their nature are intended to remain in force after termination will continue to apply.
SECTION 16 – AVAILABILITY AND STATUTORY WARRANTY
We aim to keep our website and online store secure, properly maintained and available.
However, we cannot guarantee that the website will always be available without interruption, technical problems or errors.
This limitation relates solely to the operation of the website and does not affect your statutory rights regarding products purchased from NAYARITH.
Our products are subject to the statutory warranty.
This means that a product must meet what you may reasonably expect from it based on the agreement and the information provided.
If a product does not conform to the agreement, the consumer is entitled to the statutory remedies applicable in the circumstances, such as repair or replacement free of charge and, where the legal conditions are met, a price reduction or termination of the agreement.
NAYARITH does not limit or exclude this statutory warranty.
SECTION 17 – LIABILITY
Nothing in these Terms limits or excludes liability to the extent that such limitation or exclusion is not permitted under applicable law.
NAYARITH is not entitled, among other things, to limit statutory consumer rights or liability that may not be excluded under mandatory law through these Terms.
To the extent permitted by law, NAYARITH is not liable for indirect damage that was not reasonably foreseeable and does not directly result from a failure by NAYARITH.
NAYARITH is not responsible for damage caused solely by incorrect, improper use of a product or use contrary to the product or care instructions.
The above limitations do not apply in cases of intent, deliberate recklessness or any other situation in which liability cannot legally be excluded.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you are responsible for damage directly resulting from intentional unlawful use of our website or a serious breach of these Terms.
This provision may not be used to exclude or limit NAYARITH’s statutory liability towards consumers.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be wholly or partly invalid, void or unenforceable, this will not affect the validity of the remaining provisions.
Where possible, the relevant provision will be interpreted or replaced in a way that most closely reflects the purpose of the original provision and applicable law.
SECTION 20 – ENTIRE AGREEMENT
These Terms and the policies referred to in them together form the terms that apply to the use of our online store and to agreements concluded through our online store.
Failure by NAYARITH to immediately exercise a right does not mean that we waive that right.
In the event of a conflict between these Terms and mandatory consumer law, the relevant statutory provision will prevail.
SECTION 21 – ASSIGNMENT
You may not transfer rights or obligations arising from an agreement with NAYARITH without our consent where our consent is required by law.
NAYARITH may transfer rights and obligations to another party, for example in the event of a transfer of the business, provided that this does not result in a reduction of the consumer’s statutory rights.
SECTION 22 – APPLICABLE LAW AND DISPUTES
These Terms and agreements between NAYARITH and its customers are, in principle, governed by Dutch law.
If you are a consumer residing in another country and mandatory consumer law of that country applies to the agreement, the choice of Dutch law does not deprive you of the protection you are entitled to under those mandatory provisions.
The parties will preferably first attempt to resolve any complaints or disputes between themselves.
You may submit a complaint via:
If the parties are unable to reach a resolution, the dispute may be submitted to the court having jurisdiction under applicable law.
This provision does not limit a consumer’s right to submit a dispute to a court that has jurisdiction under applicable European or national consumer law.
SECTION 23 – HEADINGS
The titles and headings in these Terms have been included solely to improve readability.
They do not independently affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
The most recent version of these Terms is available on our website.
We may amend these Terms from time to time, for example due to changes in our services or applicable law.
In principle, the terms applicable at the time the agreement was concluded will apply to an order.
We will not apply changes retroactively where doing so would adversely affect the consumer’s statutory rights.
SECTION 25 – CONTACT DETAILS
Questions about these Terms or about an order can be directed to:
NAYARITH
Official trade name: NAYARITH
Registered business address: Kanaaldijk-Noord 55
Postal code and city: 8152 DX Lemelerveld
The Netherlands
Email: hello@nayarithcollective.com
Phone number: +31 6 115 08 210
Chamber of Commerce number: 42158129
VAT identification number: NL005543879B22