Terms of service

OVERVIEW
Welcome to Lakeball Direct! The terms "we", "us" and "our" refer to Lakeball Direct. Lakeball Direct operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the "Services"). Lakeball Direct is powered by Shopify, enabling us to provide the Services to you.

The general terms and conditions below, including all policies referred to herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use 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, access to and use of our Services is not permitted.

ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you are of legal age in accordance with the legislation of the state or province in which you live 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.
In order to use the Services, including visiting or browsing our webshops or purchasing the 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 credentials and for all activities in your account. You may not transfer, sell, assign or license your account to anyone else.

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

ARTICLE 3 – ORDERS
When you place an order, you make an offer to purchase. Lakeball Direct reserves the right to accept or refuse your order at its sole discretion for any reason whatsoever. Your order is not accepted until Lakeball Direct has confirmed it. We must have received and processed your payment before your order is accepted. Check your order carefully before you submit it. Lakeball Direct may not be able to honour a cancellation request after your order has been accepted. In the event that we do not accept an order, amend it or cancel it, we will try to notify you by contacting you via the email address, billing address and/or telephone number you provided during the ordering 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 use or use within your household 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 that applies at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, the prices quoted exclude taxes, shipping costs, handling costs, customs duties and import duties.
The prices displayed in our webshops may differ from the prices in physical stores, or in webshops or other stores operated by external parties. We may from time to time offer promotions for the Services that may affect pricing and to which general terms and conditions apply that are separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms take precedence.
You agree to provide current, complete and accurate purchase, payment and account details for all purchases you make in our stores. You agree to promptly update your account and other details, including your email address, credit card numbers and the expiry dates of your credit cards, in the event of a change, so that we can carry out your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are accurate, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your expenditures are approved by the credit card company; and (iv) you pay the costs you incur in accordance with the displayed prices, including shipping costs, handling costs and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All delivery times stated are only estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. After we have handed the products over to the carrier, ownership and the risk of loss have passed 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 the property of Lakeball Direct, its affiliates or licensors, and are protected by patent, copyright and intellectual property legislation in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. It is not permitted to 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 permission. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright or other intellectual property of Lakeball Direct, Shopify or an external party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved to Lakeball Direct.
The names, logos, product names, service names, design elements and slogans of Lakeball Direct are trademarks of Lakeball Direct or of its affiliates or licensors. You may not use such trademarks without the prior written permission of Lakeball Direct. 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 able to access tools for customers that are 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 in their current state and on an as-available basis, without any warranties, representations or conditions of any kind and without any recommendation. We are in no way liable for damage arising from or connected with your use of optional tools from external parties.
You use optional tools offered via the site entirely at your own risk and discretion. You must ensure yourself that you are aware of and agree to the terms under which the tools are provided by the relevant external party or parties.
We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features are likewise considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 – LINKS TO EXTERNAL PARTIES
The Services may contain materials and hyperlinks to websites offered or operated by external parties (including any embedded functionality of external parties). We are not responsible for investigating or evaluating the content or accuracy of materials or websites of external parties that you wish to access. If you decide to leave the Services to access such materials or sites of external parties, you do so at your own risk.
We are not liable for any damage or adverse consequences connected with your visit to websites of external parties, or with your purchase or use of products, services, resources or content on websites of external parties. Read the policies and practices of the external party carefully and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions about products and services of external parties must be addressed directly to the relevant external party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This article accurately describes Shopify's relationship with your store and may not be removed or amended.]
Lakeball Direct uses Shopify so that we can provide you with the Services. However, all sales and purchases you make in our store are handled directly with Lakeball Direct. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Lakeball Direct, 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 be connected with your purchases from and transactions with Lakeball Direct.

ARTICLE 10 – PRIVACY POLICY
All personal information we collect via 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 the Services to you and to improve them. Information you submit to the Services is forwarded to and shared with Shopify, as well as with external parties who may be located in countries other than where you live, so that they can provide you with services. 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 transmit in any other way 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. We may use our rights under this license, for example, to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you are the owner of all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all 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 nor in the future obliged to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obliged to, review, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback does not infringe the rights of external parties, including copyrights, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback does not contain any defamatory or otherwise unlawful, abusive or obscene statements, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate someone else or otherwise mislead us or external parties as to 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 whatsoever for Feedback posted by you or an external party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
It may occasionally happen that information is provided in relation to or within the Services that contains 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, and that at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USE
You may use the Services solely for lawful purposes. You may not, either directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal or provincial legislation, regulations, provisions 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 transmit false or misleading information; (f) to knowingly transmit, receive, upload, download, use or re-use material that does not comply with these Terms; (g) to send or bring about the sending of advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to carry out in any other way activities that restrict or prevent others from using the Services, or that, as determined by us, may be harmful to Lakeball Direct, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to do the following: (a) upload or transmit viruses or other types of harmful code that affect or could affect the functionality or operation of the Services in any way; (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, spidering, 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 breached provisions of these Terms.

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

ARTICLE 15 – DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general information purposes. We do not vouch for the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from the reliance placed on such information by you, other visitors of the Services and other persons who are aware of its content.
UNLESS EXPRESSLY STATED BY Lakeball Direct, THE SERVICES AND ALL PRODUCTS OFFERED VIA THE SERVICES ARE PROVIDED IN THEIR CURRENT STATE AND AS AVAILABLE FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 GUARANTEE, REPRESENT OR WARRANT 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 EXTENT PERMITTED BY LAW, Lakeball Direct, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, ARE IN NO EVENT LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFIT, LOSS OF 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 VIA THE SERVICES, OR FOR ANY OTHER CLAIM CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN THE CONTENT, OR LOSS OR DAMAGE OF ANY KIND WHATSOEVER INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR A PRODUCT) THAT HAS BEEN POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.

ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lakeball Direct, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from all costs relating to losses, damages, liabilities or claims, including reasonable legal assistance, payable to an external party as a result of or arising from (1) a breach by you of these Terms of Service or documents incorporated herein by reference; (2) a breach by you of any law or the rights of an external party; or (3) your access to and use of the Services.
We will notify you in the event of a claim entitling indemnification, on the understanding that the failure to give timely notice does not release you from your obligations, unless you are materially disadvantaged as a result. We may arrange the defence and settlement of such a claim at your expense, including the use of a lawyer, but we will not settle claims requiring non-monetary obligations of you without your consent (which you may not withhold on unreasonable grounds). You are obliged to cooperate in the defence of claims entitling indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY
If any provision in these Terms of Service is declared unlawful, void or unenforceable, the provision nevertheless remains enforceable to the extent permitted by the applicable law. The unenforceable part is deemed to be severed from these Terms of Service. Such a determination does 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 earlier versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service may not be construed against the drafter.

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 permission. We declare any such attempt void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – APPLICABLE LAW
These Terms of Service and all separate agreements under which we provide you with our Services are subject to and interpreted in accordance with the federal and state-specific or provincial courts in the jurisdiction where Lakeball Direct has its head office. You and Lakeball Direct consent to the competence and personal jurisdiction of the relevant court.

ARTICLE 22 – HEADINGS
The headings used in this agreement serve solely for information purposes and do not limit or affect these Terms in any way.

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

ARTICLE 24 – CONTACT DETAILS
Address questions about the Terms of Service to us via info@lakeballdirect.com.
Our contact details can be found below:
Lakeball Direct 
info@lakeballdirect.com
Rijksstraatweg 140, 7391 MG Twello
+3155 5221122 

Lakeball Direct is a trade name of Fore B.V. | CoC number: 30194537 | VAT number: NL813206327B01