Terms of service

OVERVIEW
Welcome to Lindeboom Brewery! The terms "we", "us" and "our" refer to Lindeboom Brewery. Lindeboom Brewery operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Lindeboom Brewery is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province where you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login details and for all activities under your account. You may not transfer, sell, assign or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate possible description of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they are displayed on your screen. This depends on the type of device you use to access the store and on the settings and configuration of that device.
We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations or match the display or description in our online store.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Lindeboom Brewery reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once Lindeboom Brewery has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Lindeboom Brewery may not be able to honor a cancellation request after your order has been accepted. If we do not accept, modify or cancel an order, we will try to notify you by contacting the email address, billing address and/or phone number provided during the checkout process.
You may only return or exchange purchases in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time you place your order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties and import duties.
The prices displayed in our online stores may differ from prices in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiration dates, when changes occur, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur at the displayed prices, including shipping costs, handling fees and all applicable taxes, if applicable.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Lindeboom Brewery, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright or other intellectual property of Lindeboom Brewery, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Lindeboom Brewery.
The names, logos, product names, service names, design elements and slogans of Lindeboom Brewery are trademarks of Lindeboom Brewery or its affiliates or licensors. You may not use such trademarks without the prior written consent of Lindeboom Brewery. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools as they are and as available, without any warranties, representations or conditions of any kind and without any endorsement. We are in no way liable for any damage arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties, including any embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites. Please carefully read the policies and practices of the third party and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This article accurately describes Shopify's relationship with your store and must not be removed or modified.]
Lindeboom Brewery uses Shopify so that we can provide the Services to you. However, all sales and purchases made in our store are handled directly with Lindeboom Brewery. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Lindeboom Brewery, including injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Lindeboom Brewery.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than the country where you reside, so that they can provide services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now or in the future obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or that violates any party's intellectual property rights or these Terms of Service, but we are not obligated to do so.
You agree that your Feedback will not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, nor computer viruses or other malware that may in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate anyone else or otherwise mislead us or third parties regarding the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided in or through the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice, including after you have placed an order.

ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal or provincial laws, regulations, rules or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other persons; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam and similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or prevents others from using the Services, or that, as determined by us, may be harmful to Lindeboom Brewery, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that in any way affects or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, pretexting, spiders, crawling or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provisions of these Terms.

ARTICLE 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should remain valid after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from reliance placed on such information by you, other visitors to the Services and any other persons who may be informed of its content.
UNLESS EXPRESSLY STATED BY Lindeboom Brewery, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Lindeboom Brewery, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACTUAL PROVISIONS, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT, OR A PRODUCT, THAT IS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ARTICLE 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lindeboom Brewery, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal assistance, payable to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim giving rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced by such failure. We may manage the defense and settlement of such a claim at your expense, including the use of an attorney, but we will not settle claims requiring non-monetary obligations from you without your consent, which you may not unreasonably withhold. You are required to cooperate in the defense of claims giving rise to indemnification, including by providing relevant documents.

ARTICLE 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and all policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

ARTICLE 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and interpreted in accordance with the federal and state or provincial courts in the jurisdiction where Lindeboom Brewery has its headquarters. You and Lindeboom Brewery consent to the authority and personal jurisdiction of the relevant courts.

ARTICLE 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website regularly for changes. We will send you a notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept those changes.

ARTICLE 24 - CONTACT DETAILS
Questions about the Terms of Service should be sent to us at Lindeboom Bierbrouwerij B.V.
Our contact details are listed below:
Lindeboom Bierbrouwerij B.V.
Engelmanstraat 54
6086 BD Neer
The Netherlands
T: +31 (0)475 59 29 00