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TERMS AND CONDITIONS

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Please read these Terms and Conditions carefully as they contain relevant information about your legal rights, remedies and obligations. By accessing or using the website of Dance Nomads, you agree to comply with and be bound by these Terms and Conditions.

Article 1. Definitions

The following terms and conditions (the “Agreement”) govern all use of the Dance Nomads website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Steffie Clements and Jairo Da Costa Junior (DN). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Dance Nomads – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.

Dance Nomads is a company that sells fashion items and creates video content.

Article 2. Applicability of the terms and conditions

These conditions apply to all offers, invoices, activities, agreements, trips and other activities by or on behalf of Dance Nomads to which they have declared these conditions applicable, insofar as these conditions have not been expressly deviated from in writing.

The latest version of these Terms and Conditions is always applicable.

If one or more provisions in these Terms and Conditions at any time in whole or in part are null and void or destroyed, then the remainder of these general terms and conditions remain fully applicable.

Article 3. Access and Membership

In order to enjoy all the benefits of Dance Nomads, the User must register and become a member (“Member”). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User shall provide an email address and a password. The User may never use another’s Dance Nomads account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify Dance Nomads immediately of any breach of security or unauthorized use of its account. Although Dance Nomads will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of Dance Nomads or others due to such unauthorized use.

Dance Nomads may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Dance Nomads may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. The User certifies to Dance Nomads that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

Article 4. Rates and payments

The agreement is for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

The rates mentioned are inclusive of VAT (ex. VAT for shipment) and exclusive of any costs to be incurred in the context of the agreement, such as surcharges and service costs. 

The rates agreed upon at the conclusion of the agreement are based on the price level used at that time. Dance Nomads will not adjust these rates after the full sum is paid by the Customer. Dance Nomads is entitled to use other payment conditions when circumstances require to do so.

Dance Nomads may save Member’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the Member notifies Dance Nomads through the Site. When you order a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you discount of base product price). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment.

We may refuse to process a transaction for any reason or 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 refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in euros. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.

Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only to Users over a certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Dance Nomads at its sole discretion may change, suspend or discontinue these discounts at any time.

User is responsible for all sales taxes (as applicable).

Article 5.  Responsibility of site members and users 

Violation of any of this Agreement or other rules will result in the termination of your Dance Nomads account.

Dance Nomads and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Dance Nomads Services. Without limiting the foregoing, Dance Nomads and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dance Nomads or submitted to Dance Nomads, including without limitation information in Dance Nomads collaborations, posts and in all other parts of the Dance Nomads Services.

Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. The User is responsible for providing Dance Nomads with accurate information (including but not limited to its retail price). If the User has provided Dance Nomads with inaccurate or false information, (a) the User shall be liable to Dance Nomads for damages and losses (including but not limited to Sales Tax) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to Sales Tax) to Dance Nomads, and (c) Dance Nomads shall have the right to charge the Client for such damages and losses (including but not limited to Sales Tax).

Article 6. Modification and cancellation of the agreement

Dance Nomads reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.

Article 7. Webshop

The agreement is settled at the moment that the Customer has accepted the offer and meets the conditions set.

Dance Nomads confirms the purchase by a direct notification and an email with an order confirmation.  Until Dance Nomads has confirmed to order, the Customer has the right to dissolve the agreement.

Dance Nomads provides a secure web environment and takes appropriate measures for electronic payment. Customer data will be secured with technical and organisational measures. Dance Nomads can investigate within legal frameworks whether the Customer can meet his payment obligation. If Dance Nomads, on the basis of this investigation, sees grounds not to enter into the agreement, it has the right to refuse an order or to attach special conditions to the execution of the agreement.

The customer is responsible for any taxes and import duties on the purchased products at all times.

Dance Nomads sells tailor-made products, which means only returns regarding defects or incorrect sending by Dance Nomads are accepted. The right of cancellation after confirmation is excluded.

The Customer must carefully handle the product and the packaging during the reflection period. The product may only be inspected as it would be allowed in a shop.

Impairment of the product due to handling in violation of the previous paragraph is on account of the Customer.

Dance Nomads sends a confirmation after receiving the notification to return goods.

Dance Nomads reimburses the Customer’s payments within 14 days after the return has been received and meets the criteria mentioned in Article 8, paragraph 8.6.

The Customer completes the form for return shipment within the reflection period to Dance Nomads. Within 14 days after receiving the product, the Customer will return the product, reasonably possible in its original condition and packaging.

The burden of proof for the correct and timely exercise of the right of withdrawal is up to the Customer.

The costs for the return will be charged to the Customer.

The shipping address is the address that the Customer has specified. Dance Nomads is not liable for errors in the delivery of this delivery information.

If the delivery is delayed, the Customer will receive notice of this as soon as possible. If the delivery takes longer than 30 calendar days after the fulfilment time of the order, the Customer has the right to terminate the contract without any costs. Dance Nomads will refund the amount that the Customer has paid within 14 calendar days after termination.

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Article 8. Delivery

We deliver to Users/Customers to most places in the world. Delivery prices are added to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specified delivery address.

Some products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.

Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.

Article 9. Liability

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Dance Nomads has no control over and does not guarantee the delivery of the advertised collaborations and that Dance Nomads shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

You will indemnify and hold Dance Nomads (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Article 10. Intellectual property

When you post, submit, or upload images, pictures, data, text, photographs, graphics, messages, or other materials (“Content”) on the Site you represent and warrant that:

  1. you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Dance Nomads products. You license Dance Nomads to use and sub-license the Content in accordance with this Agreement;
  2. you and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy.

Dance Nomads reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.

This means that you, and not Dance Nomads, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the Dance Nomads Service infringes your copyright, please send a notice of claimed copyright infringement to us.

Dance Nomads does not and will not own the copyrights and other intellectual property rights of your Content, so Dance Nomads will not distribute, sell or rent your Content to any other persons, companies, etc.

Article 11. Dispute resolution

Dutch law applies to these Terms and Conditions.

The parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.

Contrary to the statutory limitation periods, the limitation period for all claims and defences against Dance Nomads and third parties concerned is 12 months.

Dance Nomads translated this document in English with the utmost care. It is possible to have some inconsistencies because of the translation. If this occurs, the Dutch version is applicable.

History Notes

Effective date: Wednesday, 14 November 2018.

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