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Twikit

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Terms & Conditions

About us

Twikit, available through the website twikit.com (hereafter "the Site") is a service provided by Twikit BVBA. Twikit NV is a company, established and registered in Belgium, with registered office at 2600 Berchem, Belgium, Uitbreidingsstraat 60-62, with VAT number 0500.986.687.
You can contact us:

  • By giving us a call: +32 (0)496 82 22 22
  • By sending us an email: info@twikit.com

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. Twikit may modify these terms and conditions at any time, and such modifications shall be effective immediately upon 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 have to prove the terms which are applicable. 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 Twikit or any of its subsidiaries or affiliated companies (hereafter 'Twikit') unless made in writing by an authorised representative of Twikit. The Site is available only in English and an order can be placed only in English.

Usage of the service

Twikit offers the service of creating your design. You can use the services provided that you are of legal age to make a binding contract. In case you choose to work with our services using an account, it will be protected by a password. You are responsible for maintaining the confidentiality of your account password, and you are responsible for all actions that are done under your account. You will immediately inform Twikit in case of unauthorized use of your account. Twikit cannot and will not be liable for any loss or damage, arising from your failure to protect your account and/or your password. You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Site account details section and 2) maintaining and promptly updating account information to maintain its accuracy, currency and completeness.

Ordering process

The ordering process happens as follows : you select the model you would like to customize and have it produced by Twikit; Depending on the specific product, you choose the material, accessories, size and text style. You choose the country where the model must be delivered; you have a view of the order and the costs (production, delivery, and other taxes when applicable); you choose the payment manner and execute the payment and confirm the order. Before paying, you have the possibility to go back in the process (clicking the "back" button) if you see that a mistake has been made and you would like to modify it. You must ensure that the information you submit in your order is accurate and complete before paying it, because afterwards it is impossible to bring any modification because the production starts immediately. Should it not be the case, modifications will be allowed in so far it has been agreed by Twikit in writing. When you place an order, you make an offer to us to buy a product. After you have placed an order, we will send you an e-mail confirming your order details. This confirmation means that a binding agreement will exist between us, except if there is an inability to process orders, which you shall be informed at last within three working days after filing your order. Twikit may, at any time during the quotation and the ordering and the manufacturing process, revoke and/or cancel any quotation/order, if there are technical reasons to do so. In such case, Twikit will reimburse you all monies paid. The prices, charged upon placement of the orders, are calculated based on the product choice, material and accessories. Twikit maintains records of orders and allow you to have access to it for an indefinite period. Twikit recommends that you keep a printed copy of these terms and conditions as well as a copy of the order confirmation and invoice.

Price - Payment

The price calculated by Twikit contains the cost for the use of the Twikit configurator, the manufacturing of the product and the shipment of the product, as well as taxes when applicable. There is no insurance. Other duties and taxes applicable for the delivery of the product, even if not mentioned in the invoice sent by Twikit, will be paid by you. The price is calculated in EURO, DOLLAR or YEN. Offsetting against any kind of non-approved counter-claims as well as execution of right of retention of goods shall be excluded unless established in court, undisputed or recognised by Twikit. Twikit remains the sole owner of the products until their entire payment, transport and taxes included. Separate parts of a quote can be invoiced separately. Twikit bvba reserves the right to refrain from execution of further components of a quote, or of a following quote, or to terminate a delivery, as long as the outstanding issued invoices remain unpaid. Twikit retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered.

Term of delivery - Risk of payment

The average time required to produce the model is about 10 working days. This is a preliminary indication, but does not bind Twikit in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by Twikit for the execution of the order. Should a delay rise for which Twikit is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and Twikit cannot be held liable for such delay. Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you. Twikit uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.

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, Twikit 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 and at the latest 14 days after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss Twikit 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 Twikit to do so. Twikit reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of Twikit 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 Twikit, 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 Twikit 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. Twikit 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 Twikit in writing that e-mail is not an acceptable means of communication.

Intellectual Property

Twikit grants you a limited, non-exclusive license to personalize products by using our configurator. Twikit retains all ownership and intellectual property rights to the Site. You may not cause or permit reverse engineering, disassembly or decompile the Site. The twikit.com website contains names, which are trademarks and/or brand names of Twikit. These marks and other Twikit brand names may not be used without the written permission of Twikit. The copyright in the content of the Site is owned by Twikit or other third parties. No part of the Site may be copied or reproduced for commercial purposes without the express written permission of Twikit or the identified owner of the information and content. twikit.com provides an automated internet-based service to users, which they use to create and order products. Twikit contractually prohibits its users from using the service to order and/or sell products that infringe third party intellectual property rights (including among others copyright, trademark, design and model, patent, trade dress and right of publicity, etc.). You are solely responsible for the content that you input in the Twikit configurator. By submitting an order to Twikit, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting your content into the Twikit configurator - and for production without any violation of any intellectual property rights. If the design you submit to Twikit risks infringing the intellectual property rights of third parties, Twikit reserves the right to either not produce the design or produce the design without the part that risks infringing the rights of third parties.

You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Twikit will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Twikit does not guarantee such events will not take place and that Twikit will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Twikit harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

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 Twikit. 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. TWIKIT 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. TWIKIT 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 TWIKIT BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS HAVE BEEN REQUESTED/ANALYSED IN THE QUOTATION PHASE. THE LIABILITY OF TWIKIT 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.

Data protection and privacy

By submitting orders:

  • you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms of Twikit; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
  • you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.

In certain circumstances Twikit may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Twikit it shall also be regarded as "Personal Data". The Personal data are collected by Twikit in order to:

  • fulfill its obligations under any sale and purchase contract and any other contract with you
  • ask your opinions on its products and services
  • provide you with the latest products and services information
  • improve the products and services for you

Twikit will not disclose Personal Data to entities and persons, other than Twikit, ("third parties") without your consent, except in the cases below. Personal Data may be disclosed to third parties to enable compliance with legal obligations to which Twikit or its Affiliates are subject. Personal Data may be disclosed to third parties to enable them to provide services for or on behalf of, or at the direction of, Twikit or other Twikit Companies. In such cases, Twikit takes measures to ensure that the third parties comply with Twikit's privacy policy and that such recipients:

  • do not use Personal Data other than for the purposes permitted
  • obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use
  • comply strictly with applicable laws

For further information, please consult the Privacy policy.

Governing law, jurisdiction

The sale of products and these terms shall be governed by and construed under the laws of Belgium. All disputes will be submitted to the exclusive jurisdiction of the Courts of Antwerp.

Other - General

No waiver

No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.

Circumstances beyond our reasonable control

Twikit will make every effort to perform its obligations under these terms. However, Twikit is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Twikit – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfilment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Twikit will perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired. If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable. If you have any questions or comments regarding the Site, please contact us by email at contact@twikit.com.

Terms of use of the website

This website is the property of Twikit BVBA.

Contact details:

Twikit BVBA
Uitbreidingsstraat 60-62
2600 Berchem
Antwerp
Belgium
info@twikit.com

By accessing and using the website you express your explicit agreement with the following general terms and conditions. Twikit BVBA reserves the right to alter or delete material from the website at any time, and Twikit BVBA may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Twikit BVBA's website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Twikit BVBA and other policies.

Use of "cookies"

When you visit the site 'cookies' may be installed on the hard disk of your computer with the sole purpose of streamlining the site more to the needs of recurrent visitors. These mini files or cookies are not used to check the surf behaviour of the visitor on other websites. Internet browsers allow you to block the use of cookies. You receive a warning when a cookie is installed or that cookies can be removed from your hard disk afterwards. Please consult the help function of your Internet browser for this.

Intellectual property rights

These websites www.twikit.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Twikit BVBA's consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Twikit BVBA's express consent. All the trademarks used on the website are the property of their respective holders. You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.

Intellectual property policy

Twikit encourages intellectual property rights owners to contact Twikit if they believe that a user of the Twikit service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the Twikit users, Twikit will verify your claim and will (in its discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

User Contributed Content/Comments

You are solely responsible for the content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the "User Content"). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Twikit may, but is not obligated to, review the Site and that Twikit may delete or remove (without notice) any Site content or User Content. Twikit will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person's copyrighted work. You acknowledge that by sending to the Site and Twikit any information or material, in whatever form, you grant to Twikit and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others. You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, or that use thereof may result in damages to your systems or operations. While Twikit will implement reasonable precautions to attempt to prevent such occurrences, you further acknowledge that Twikit does not guarantee such events will not take place and that Twikit will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Twikit harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.

LEGAL DISCLAIMER

Twikit provides users with a set of complete e-commerce tools needed to personalize and order a wide variety of products featuring their idea. Therefore, the content of Twikit is partly created by users of service, offered by Twikit, and the hosting of the content by Twikit does not in any way reflect the opinions and views of Twikit. The information specified on this website is only intended for general information purposes. Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website. The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice. Although Twikit BVBA aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, Twikit BVBA cannot guarantee that this information is exact, complete and correct. Twikit BVBA further assumes no liability or responsibility for any errors or omissions in the content of the website. The use of the website is at your own risk. Neither Twikit BVBA nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Twikit BVBA makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free. Without limiting the foregoing, everything on the website is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Hyperlinks

From our website, you can visit other websites by following hyperlinks to these sites. While Twikit BVBA strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Twikit BVBA therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website. Twikit BVBA reserves the right to alter or delete material from the website at any time, and Twikit BVBA may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Twikit BVBA's website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Twikit BVBA and other policies.