Terms of service
OVERVIEW
Welcome to Diabe-Tas! The terms “we”, “us” and “our” refer to Diabe-Tas. Diabe-Tas operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Diabe-Tas is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province in which you reside and that you have given us your consent 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 offered by us, we may ask you to provide certain information, such as your email address and your 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 maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
ARTICLE 2 – OUR PRODUCTS
We strive to provide as accurate a description of our products and services as possible in our online stores. However, please note that colors and the appearance of the products may differ from how they appear on your screen. This depends on the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the display or description in our online store.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit quantities offered per person, geographic region, or jurisdiction on a case-by-case basis.
Diabe-Tas products are accessories for insulin pumps and other diabetes-related aids. Our products are not medical devices and are not intended to replace medical advice, diagnosis, or treatment. For medical questions, we advise consulting a qualified healthcare professional.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. Diabe-Tas reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once it has been confirmed by Diabe-Tas. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. Diabe-Tas may not be able to honor a cancellation request once your order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided during the ordering process.
You may only return or exchange purchases in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from prices in physical stores or on websites or stores operated by third parties. We may offer promotions from time to time, which may be subject to separate terms. In the event of any discrepancy between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores and to promptly update your account and other information as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges incurred by you at the prices displayed, including shipping, handling, and any applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All stated delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. The risk of loss or damage to products passes to you at the moment you, or a third party designated by you (other than the carrier), physically take possession of the products, in accordance with applicable EU consumer law.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Diabe-Tas, its affiliates, or licensors and are protected by applicable copyright, trademark, and other intellectual property laws in the Netherlands, the European Union, and internationally.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Diabe-Tas, Shopify, or any third party. All rights not expressly granted are reserved by Diabe-Tas.
The names, logos, product names, service names, designs, and slogans of Diabe-Tas are trademarks of Diabe-Tas or its affiliates or licensors. You may not use such trademarks without prior written permission from Diabe-Tas. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing within the Services are trademarks of their respective owners.
Top, hier komen artikel 7 t/m 24 volledig vertaald naar het Engels, in dezelfde juridische stijl zodat je ze direct kunt gebruiken op je website:
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over, nor input into, them.
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 must ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. You access such materials or sites at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites or your purchase or use of products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.]
Diabe-Tas uses Shopify to provide you with the Services. However, all sales and purchases made in our store are conducted directly between you and Diabe-Tas. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales relationship between you and Diabe-Tas, including any injury, damage, or loss arising from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases from and transactions with Diabe-Tas.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can review here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can review on Shopify’s website. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services is transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your own, in order to provide services to you. Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. We may use such rights, for example, to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own all Feedback or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, 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 Services is inaccurate at any time without prior notice (including after you have submitted your order).
ARTICLE 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or harmful purpose;
(b) to violate any international, national, federal, provincial, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to transmit unsolicited advertising or promotional material, including spam, chain letters, or similar solicitations;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to interfere with or circumvent the security features of the Services or otherwise restrict or inhibit any other person’s use of the Services.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related websites, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated these Terms.
ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitors to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Diabe-Tas, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.
ARTICLE 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Diabe-Tas, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Diabe-Tas, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all costs related to losses, damages, liabilities, or claims, including reasonable legal fees, that must be paid to a third party as a result of or arising out of (1) your breach of these Terms of Service or any documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim giving rise to indemnification, provided that our failure to provide timely notice will not relieve you of your obligations, unless you are materially prejudiced as a result. We may, at your expense, assume the defense and settlement of such a claim, including the engagement of counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You are required to cooperate with us in the defense of any indemnifiable claim, including by providing relevant documents.
ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 19 - WAIVER; 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 in respect of 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.
ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed solely by Dutch law.
Disputes shall be submitted exclusively to the competent court in the Netherlands, unless mandatory consumer law provides otherwise.
ARTICLE 22 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can review 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. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services after any changes to these Terms of Service constitutes your acceptance of those changes.
ARTICLE 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@diabe-tas.com.
Our contact details are as follows:
Diabe-Tas
info@diabe-tas.com
Veteranenlaan 4, 4273 LX Hank, The Netherlands
Chamber of Commerce (KVK) number: 99000318