TERMS OF USE
AGREEMENT TO THE TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (βyouβ) and J9 SA, Avenue Alfred Cortot 8, 1260 Nyon (βCompanyβ, βweβ, βusβ, or βourβ), concerning your access to and use of the http://www.trend-on-line.com website and the related services as well as any other media form, medial channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the βSiteβ). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. In case of discrepancy between the English text and its possible translation(s) in other languages, the English version will prevail. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updated the βLast updatedβ date of these Terms of Use, and you waive any right to receive specific notice of such changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for clients who are at least 18 years old. We reserve the right to only accept orders or registrations from our clients over 18. Persons under the age of 18 are not permitted to use or register for the Site.
DISCLAIMER
WEBSITE DISCLAIMER
The information provided by J9 SA (βweβ, βusβ, or βourβ) on www.trend-on-line.com (the βSiteβ) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databased, functionality, software, website designs, audio, video, text, photographs, and graphics, including all image rights or text on the Site (collectively, the βContentβ) and the trademarks, service marks, and logos contained therein (the βMarksβ) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, international copyright laws, and international conventions. The Content and the Marks are provided on the Site βAS ISβ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Your use of the site and its contents grants you no rights in relation to any copyrights, designs, trademarks and all other intellectual property and material rights relating to the Content, including the Siteβs software and all HTML and other codes contained on the Site.
All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property laws, other relevant laws and international treaty provisions.
You are permitted to use the Content only as expressly authorised by this Site and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed material to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
NON-COMMERCIAL USE
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this site. You may not use this site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity for your own benefit.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete in all aspects; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorised purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorised use of your account.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Should any of your registration information change, please notify us immediately at the following email address: customercare@trend-on-line.com. We may also change registration requirements from time to time.
ELIGIBILITY TO PURCHASE
You will be required to provide your personal details, in particular your real name, phone number, email address and other requested information as indicated, in order to make purchases on the Site. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct.
We are authorised to refuse any purchase order made by clients for any reason, in the event, for example, that we are unable to obtain authorisation for payment, that you do not meet the eligibility criteria set out within the Terms of Use. We are also authorised to refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of us withdrawing any merchandise from the Site, whether or not that merchandise has been sold, removed. We are also not liable for edited materials or content on the Site, refusal to process a transaction or unwinding and/or suspending any transaction after the process has begun.
PAYMENT
Payment can be made by Visa, MasterCard, American Express, Post Finance or Maestro debit cards. Payment will be debited and cleared from your account upon dispatch of your order on the website. You confirm that the credit/debit card that is being used is yours or that you haven been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We take reasonable care to make out site secure. All credit/debit card transactions on this site are processed using www.datatrans.ch, a secure online payment gateway that encrypts your card details in a secure host environment. If you are registered user on our website, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Site.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where our Company feels that it is necessary to transmit or obtain information (including any updated information) about you, including but not limited to your credit/debit card number or credit reports to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Bill payβs / Klarnaβs payment options:
In order to be able to offer you Klarnaβs payment options and to assess whether you qualify for their payment options and to tailor the payment options for you, we might in the checkout pass your personal data in the form of contact and order details to Klarna and Billpay. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnaβs [de,Β fr,Β itΒ orΒ enΒ versions] and Billpayβs [de,Β fr,Β itΒ orΒ enΒ versions] privacy notices.
PRICING POLICY
Prices shown on the Site are in Swiss Francs, Dollars, Pounds or Euros and are inclusive of VAT. The only contractual relevant prices are the prices indicated in the orderβs confirmation sent you by our website, which should however, most of the time, correspond to the prices and offers as advertised or displayed from time to time on our site, except in cases of patent error of if the applicable currency exchange rate changes before your order is accepted. If the price indicated in the confirmation order does not correspond to the price offered from time to time on our site, you are entitled to refuse the goods purchased within 7 days from receipt.
The goods are delivered duty paid (DDP), meaning that they will be made available to you by our Company at the place of delivery named by you. Such delivery will be made to you by DHL.
ORDERS
All orders are subject to acceptance and availability.
The description of the goods made on our site, as well as their photos, is given for information purposes only and does not engage our liability.
As a general rule, our website offers products for sale that are in stock. However, we may be occasionally waiting for deliveries from our suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make and Advance Purchase. This will ensure that you receive this item in priority once the supplier stock has been delivered to our warehouse.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the site.
We will only take Advance Purchase orders for stock that has been scheduled for delivery by our suppliers. Alternatively, you may simply choose to register your email address to receive a notification once the selected merchandised is made available and back in stock. Customers making Advance Payments will receive items in priority to customers on the waiting list or customers ordering through the Site for immediate delivery.
Please be aware that we may be unable to deliver the selected Advance Payment merchandise due to supplying problems or quality check issues identified when we receive an order into our stock. In these circumstances, we will notify you by email and refund the Advance Payment to your credit/debit card within 10 days of being advised that the merchandise has become unavailable.
ACCEPTANCE OF YOUR ODER
Once you have made your choice and your order has been placed, you will receive an email confirming the details of your order. This email is NOT an acceptance of your order, but just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and our Company will be completed and enforceable as soon as we email you a CONFIRMATION of your order. The sale contract is therefore concluded at J9 SA headquarters located in Nyon, Switzerland.
GIFT CARDS
Our printed and virtual gift cards are sold subject to the following terms and conditions:
- Virtual gift cards will be emailed to the recipient once the full order has been processed and payment has been taken. A copy of the virtual gift card will also be sent to the sender as confirmation of dispatch.
- Gift cards are valid for 12 months from the date of purchase.
- Gift cards can be redeemed against all products on our Site: www.trend-on-line.com
- Gift cards are non-transferable and may not be returned or redeemed for cash.
- If your order total is less that the value of the gift card, the remaining balance will be credited to your account and will be redeemed against any subsequent orders. You may check your gift card balances online via your βMy Accountβ page.
- If your order exceeds the value of the gift card, the remaining balance must be paid by credit or debit card, unless you have a credit on your personal account created on our Site, in which case your personal credit will be redeemed for the remaining balance of your order. If the remaining balance exceeds the value of your personal credits as well, you must pay the remaining balance by credit or debit card.
- If you return products you have purchased by using a gift card, the remaining balance will be credited to your account as your personal credit and will be redeemed against subsequent orders. You may check your person credit balance online via your βMy Accountβ page.
We exclude any liabilities and decline responsibility if a gift card is lost, stolen, destroyed, no longer valid or used without permission.
RETURN POLICY
Our Return Policy is fully incorporated into these Terms of Use. Our Return Policy is detailed and made available in a separate document. Please read it carefully as our Return Policy is fully enforceable and legally binding within our Terms of Use.
PROHIBITED ACTIVITIES
You are personally liable and responsible for your own use of the Site and for all communications and activities on and pursuant to the Site. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Copy or adapt the Siteβs software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as may be the result of standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Use, we may deny you access to the Site on a temporary or permanent basis.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (βThird-Party Websitesβ) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (βThird-Party Contentβ).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practice, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or the Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse or restrict access to the Site; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Switzerland. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Site, you are transferring data to Switzerland, and you agree to have your data transferred to and processed in Switzerland.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITOHUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE IN THE SITE OR DELETE YOUR ACCOUNT AND ANY INFORMATION YOU PROVIDED, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update or suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
FORCE MAJEURE
In no event shall J9 SA be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that J9 SA shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.
NO WAIVER
If you breach the Terms of Use, and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.
GOVERNING LAW
Terms of Use together with all our policies and procedures are exclusively governed by, interpreted and construed in accordance with the relevant laws of Switzerland. Each party hereby submits to the exclusive jurisdiction of the relevant courts of the Canton of Vaud in Switzerland.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omission, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The Site tries to ensure that the information provided in accurate and complete. We do not promise that the Siteβs Content and functional aspects are accurate or error-free. We do not promise that the Siteβs Content or the server are free of viruses or other harmful components. We always recommend that users of the Internet ensure they have up to date virus checking software installed.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITEβS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERCURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THRID PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAIALBLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WE WILL OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THRID PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US, PRIOR TO ANY CAUSE OF ACTION ARISING.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneysβ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
LIMITS OF OUR LIABILITY
If we breach the Terms of Use, we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where for instance, they could be contemplated by you and the Site at the time of you placing your order, and us dispatching your order. We shall only be liable for losses up to 100% of the total value of the purchased goods.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our right and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please do not hesitate to contact us at trend@trend-on-line.com
