Terms of service

General Terms and Conditions based on the model terms of the WebwinkelKeur Foundation.

FOR AIRYARCH.COM

Table of Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

  1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal. Read more about the cooling-off period.
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  3. Day: Calendar day.
  4. Duration transaction: A distance contract concerning a series of products and/or services, the delivery and/or consumption obligation of which is spread over time.
  5. Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them in a way that future consultation and unchanged reproduction of the information is possible.
  6. Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
  7. Model form: The model withdrawal form provided by the entrepreneur, which the consumer can fill out if they wish to exercise their right of withdrawal.
  8. Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
  9. Distance contract: A contract in the context of an organized system for remote sales of products and/or services, where, up to the conclusion of the contract, only one or more means of remote communication are used.
  10. Means of remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur meeting in the same location at the same time.
  11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Magnifique Frédérique
Henri Hermansstraat 29, Nuth
Airyarch@gmail.com
+31 638061933
VAT: NL002418042B33
Chamber of Commerce: 73496529

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's business and that they will be sent to the consumer free of charge upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available electronically to the consumer in such a way that it can easily be stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer electronically or in another way free of charge upon request.
  4. If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the provision that is most favorable to them.
  5. If one or more provisions in these general terms and conditions are at any time completely or partially void or annulled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that most closely approximates the original intent in mutual agreement.
  6. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these terms and conditions.
  7. Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
  3. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot lead to claims for compensation or cancellation of the agreement.
  5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
  6. Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the agreement has not been confirmed by the entrepreneur, the consumer may cancel the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within legal frameworks, assess whether the consumer can meet their payment obligations and consider any facts or factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons not to conclude the agreement based on this assessment, they are entitled to refuse an order or request, or impose special conditions on the execution of the agreement.
  5. The entrepreneur will send the following information to the consumer with the product or service, either in writing or in such a way that it can be stored by the consumer on a durable medium:
  6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
For the delivery of products:

When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative previously designated by the consumer.

During the cooling-off period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wants to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur by filling out the model form or through another communication method such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the product was returned in time, for example, by providing proof of shipment.

Article 7 - Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, the maximum cost of returning the product will be borne by the consumer.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received by the retailer or proof of return shipment is provided. The refund will be made using the same payment method the consumer used, unless the consumer expressly agrees to a different payment method.
  3. The consumer is liable for any depreciation of the product caused by improper handling.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the agreement was concluded.

Article 8 - Exclusion of the Right of Withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. Exclusion of the right of withdrawal is only possible for services:

Article 9 - The Price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market, over which the entrepreneur has no control. These price fluctuations and the fact that the listed prices are indicative will be stated in the offer.
  3. Price increases within 3 months after the agreement has been concluded are only allowed if they result from legal regulations or provisions.
  4. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the applicable laws and government regulations in effect at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert under the agreement against the entrepreneur.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovering the defect.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:

Article 11 - Delivery and Execution

  1. The entrepreneur will take the utmost care when receiving and executing orders for products and assessing requests for services.
  2. The place of delivery is the address provided by the consumer to the entrepreneur.
  3. Subject to the provisions of paragraph 4 of this article, the entrepreneur will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fully or partially fulfilled, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive rights from any stated delivery times. Exceeding a delivery period does not entitle the consumer to compensation.
  5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
  6. If the delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. The consumer will be clearly and understandably informed of the substitute item at the time of delivery. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment will be borne by the entrepreneur.
  7. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise agreed.

Article 12 - Long-Term Transactions: Duration, Termination, and Extension

Termination

  1. The consumer may terminate an agreement entered into for an indefinite period, which relates to the regular delivery of products (including electricity) or services, at any time, subject to any agreed termination rules and a maximum notice period of one month.
  2. The consumer may terminate an agreement entered into for a definite period, which relates to the regular delivery of products (including electricity) or services, at any time, subject to any agreed termination rules and a maximum notice period of one month before the end of the agreed period.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:

Extension

  1. An agreement entered into for a definite period, which relates to the regular delivery of products (including electricity) or services, cannot be extended or renewed silently for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period, which relates to the regular delivery of daily, weekly, or periodical newspapers and magazines, may be silently extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a definite period, which relates to the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular but less than monthly delivery of daily, weekly, or periodical newspapers and magazines.
  4. An agreement with a limited duration for the regular introductory delivery of daily, weekly, or periodical newspapers and magazines (trial or introductory subscription) will not be continued silently and will end automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and equity oppose termination before the agreed duration ends.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of services, this period starts once the consumer has received the confirmation of the agreement.
  2. The consumer is obligated to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur in writing, fully and clearly described, within 2 months after the consumer has discovered the defect.
  3. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
  4. If a complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. The consumer should first address complaints to the entrepreneur. It is also possible to submit complaints through the European ODR platform (http://ec.europa.eu/odr). The online store is not currently affiliated with a dispute resolution scheme.
  6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur has stated otherwise in writing.
  7. If a complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products at no cost.

Article 15 - Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Any additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be set out in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.

 

OVERVIEW
This website is operated by Airy Arch . Throughout the site, the terms “we”, “us” and “our” refer to Airy Arch . Airy Arch offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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.
In no case shall Airy Arch , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Airy Arch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 to the Service constitutes the entire agreement and understanding between you and us and governs 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.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at airyarch@gmail.com.
Our contact information is posted below:
Magnifique Frédérique
Henri Hermansstraat 29, Nuth
Airyarch@gmail.com
+31 638061933
VAT: NL002418042B33
Chamber of Commerce: 73496529