Terms of service

Terms of Service

OVERVIEW

Welcome to Sofuna! The terms "we," "us" and "our" refer to Sofuna. Sofuna operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").

These Terms of Service, together with any policies referenced within (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

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, and that you have given us your consent to allow any minor dependents in your care to use the Services on devices you own, purchase or manage.

To use the Services, including to access or browse our online store, or to purchase any of our products or services, you may be asked to provide certain information, such as your email address, along with your billing, payment and shipping information. You represent and warrant that all information you provide in our store is accurate, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to provide an accurate representation of our products and services in our online store. Please note, however, that product colors or appearance may differ from how they display on your screen, depending on the device you use and your settings or configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is depicted or displayed in our online store.

All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Sofuna reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until Sofuna has confirmed acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to act on cancellation requests after acceptance. In the event that we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email.

Unless expressly stated otherwise, the prices displayed do not include taxes, shipping, handling, customs or import charges. Prices displayed in our online store may differ from prices offered in physical stores or on other websites operated by third parties.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping, handling and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are provided as estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all brands, trademarks, text, displays, images, graphics, product reviews, video and audio content, and the design, selection and arrangement thereof, are owned by Sofuna, its affiliates or its licensors, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content from the Services without prior written permission.

Except as expressly provided herein, nothing in these Terms grants or may be construed as granting you any license or other rights under any patent, trademark, copyright or other intellectual property of Sofuna or any third party.

Any unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Sofuna.

The Sofuna name, logos, product and service names, designs and slogans are trademarks of Sofuna, its affiliates or its licensors. You may not use these marks without prior written permission.

SECTION 7 – OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties or endorsements.

We disclaim all liability arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk and discretion, and it is your responsibility to ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including new tools and resources). Such new features will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain content and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party content or websites you choose to access.

If you decide to leave our Services to access third-party content or sites, you do so at your own risk. We are not liable for any harm or damages related to your use of, or access to, third-party websites, products, services or content.

Please review the third party's policies and practices carefully before entering into any transaction. Any claims, complaints, concerns or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and agreed to our Privacy Policy.

SECTION 10 – FEEDBACK AND SUBMISSIONS

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; and (iii) your Feedback complies with these Terms.

We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation, or (3) respond. We may monitor, edit or remove Feedback at our discretion if it violates the law or these Terms.

You agree that your Feedback will not violate any third-party rights and will not contain any unlawful, abusive, obscene or harmful content. You may not use a false email address or otherwise mislead us or others as to the origin of any Feedback. You are solely responsible for the accuracy of your Feedback.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is found to be inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 12 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

(a) for any unlawful or malicious purpose;

(b) to violate any laws or regulations;

(c) to infringe any intellectual property rights;

(d) to harass, abuse or harm others;

(e) to submit false or misleading information;

(f) to send spam or malicious code; or

(g) to interfere with the operation or security of the Services.

We reserve the right to suspend or terminate your account if you violate these Terms.

SECTION 13 – TERMINATION

We may terminate this agreement or your access to the Services at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback and Submissions, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Services and all products and content provided through them are offered "as is" and "as available," without warranties of any kind, express or implied. Sofuna does not guarantee that the Services will be uninterrupted, error-free or secure.

In no event shall Sofuna, its affiliates, officers, employees or agents be liable for any indirect, incidental, punitive or consequential damages arising from your use of the Services or any product purchased through them.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sofuna, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers and employees 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 or your violation of any law or the rights of a third party.

SECTION 16 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity of the remaining provisions.

SECTION 17 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and Sofuna, and govern your use of the Services, superseding any prior agreements.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement, or any of your rights or obligations under these Terms, without our prior written consent, and any attempt to do so shall be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 19 – GOVERNING LAW

These Terms of Service and any agreement relating to the provision of the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Sofuna maintains its registered office.

You and Sofuna consent to the venue and personal jurisdiction of those courts.

SECTION 20 – HEADINGS

Headings are provided for convenience only and do not limit or otherwise affect these Terms.

SECTION 21 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update or change any part of these Terms by posting updates to our website.

It is your responsibility to check periodically for changes. We will notify you of any material changes as required by law. Your continued use of the Services after any updates constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@sofuna.com.

Sofuna
Novion Group B.V.
Keurenplein 4, 1069 CD Amsterdam, The Netherlands