Terms and Conditions Ace & Tate E-com B.V. (November 2019)
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- Ace & Tate offers products (such as handcrafted sunglasses, prescription lenses and gift cards) and services (such as virtual try-ons), together the “Products”.
- These Terms and Conditions (including any documents referenced herein and any other special terms and conditions confirmed by us in writing, together the “T&C’s”) apply to all offers of Ace & Tate E-com B.V. and any of its affiliates (together “Ace & Tate”,“we” or "us") and any agreements concluded between Ace & Tate and you, whether online through the website www.aceandtate.com (or any other website we operate, together the “Website), in stores or via other (online) sales channels).
- Please read these T&C’s carefully before placing an order for any Products on the Website. By placing an order for or by using our Products, you agree to and are bound by these T&C’s. If you have any questions or feel unsure about any of the content, please contact the Customer Service Team before placing an order. Print or save the T&C’s for your reference.
- In case the order concerns a purchase, the following is applicable. Once we have confirmed your card authorization for your order and confirmed your order in writing (including by email), you have entered into a binding agreement with Ace & Tate. If you do not receive a confirmation within 24hrs of placing your order, please contact our Customer Service Team. Ace & Tate is not obliged to accept any orders.
- All orders are subject to availability. If the Products are no longer available, even after the order has been confirmed, we will let you know. You may then order another Product from our Website or, if you wish, cancel the order. Any payment made will be refunded (see Section 3, Pricing and Payment). This is the ony remedy in case we cannot deliver a Product because it is not available.
By placing an order you confirm and warrant that:
- the data provided by you are true, accurate, current, correct and complete in all aspects and that you are not impersonating any other person;
- you are 18 or older and legally qualified to place an order;
- you have a valid prescription for your eyewear, not older than 24 (twenty-four) months (or 12 (twelve) months if you are 70 or over); and
- you will comply with all instructions provided by your optometrist and Ace & Tate;
- upon request, you will supply accurate details of your current prescription (including any notes on the prescription).
You are responsible for your prescription and we are not responsible or liable for any costs/damages incurred as a result of an incorrect prescription, or incorrect information provided to us. In such an event, we are not obligated to provide a refund.
Pricing and Payment
- Product configurations and prices are subject to change at any time.
- All prices shown in the Website are in USD and inclusive of sales tax.
- Payment shall be made upon placing your order. All credit card and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer refuses to authorize payment, Ace & Tate may reject your order.
- We offer free delivery and/or returns on all purchases made through our Website to the Netherlands and certain other countries. For details on delivery and return charges, please click here.
- If you fail to make payment of any amount due on the due date or you otherwise fail to perform your obligations under these T&C’s, we may suspend delivery and/or cancel or terminate the agreement (in whole or part), with immediate effect, without being liable for any damages. Should you be late in making any payment to Ace & Tate, you will incur statutory interest as of the payment due date stated in the first reminder. In addition, Ace & Tate may charge you reasonable fees incurred in trying to obtain payment from you.
Delivery and Defects
- The place of delivery is deemed to be the shipping/delivery address that you provide in your order. The Products are considered delivered when offered at the delivery address.
- For Products that you pick-up in an Ace & Tate store, the Products are considered delivered when picked-up by you at the store.
- We aim to deliver the Products within 10-12 working days after acceptance of the order as per clause 2.1. Delivery times are estimates and cannot be guaranteed. We are entitled to make partial deliveries. WE CANNOT BE HELD LIABLE FOR ANY DAMAGES AS A RESULT OF DELAY IN DELIVERY OF PRODUCTS.
- Claims in connection to shortages or errors in shipments, or obvious defects in Products, must be reported in writing to Ace & Tate within two (2) business days of receipt of such shipment.
- You should inspect the Products for defects as soon as possible after delivery and inform us of any defects to the Products within seven (7) days. Defect Products can be returned as described in Section 6 (Cancellation and Return Policy). We will have no obligation to replace or repair any Products if the Products have been treated improperly by you.
Cancellation and Return Policy
- You may cancel your order before delivery in writing. To do this, you can email us at email@example.com. Any payment already made by you will be refunded as set out below.
- You may also return or exchange the Products ordered (both regular and prescription glasses) within thirty (30) days after delivery, regardless of the reason. During this period, you will handle the Product, its packaging and accompanying materials with great care. You will only unpack the Product insofar as necessary to determine if you want to keep the Product.
- If you wish to return a Product, it should be in its original packaging and with all accompanying materials included. Also, the Product should be in its original condition, insofar as reasonably possible. You can contact us to obtain a return form and return the Products by mail (as per our instructions) or to an Ace & Tate store, within fourteen (14) days of your cancellation.
- Upon receipt of your cancellation of the order and receipt of the returned undamaged and unaltered Product, and without the Products being exchanged for another Product, we will refund the purchase price and initial delivery costs (if any) as soon as possible, but in any case within fourteen (14) days. However, we have no obligation to pay any refund if the Products have been treated improperly by you. In the event of an exchange, the purchase price of the exchanged Product will be set off against the purchase price of the returned Product. Depending of the amount, an additional payment from you may be required.
Warranty and Limitation of Liability
- We warrant our Products against errors and defects in materials and workmanship for a period of two (2) year from the date of delivery.
- If the Products have a defect within the warranty period, you must notify Ace & Tate of the defect within a reasonable period after becoming aware of it (but always within two (2) months thereof) by e-mail at firstname.lastname@example.org. Provided your claim is covered by our warranty, you will be entitled to a replacement Product at Ace & Tate’s costs and expense.
The Ace & Tate warranty does not cover faults or damages arising from:
- improper cleaning or careless maintenance;
- normal wear and tear;
- not or incorrectly following the instructions relating to the Product; or
- unauthorized repairs or changes to the Product by a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS STATED IN WRITING BY ACE & TATE, WE HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE PRODUCTS AND THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, COMPATIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACE & TATE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
- NEITHER ACE & TATE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, AS FAR AS ALLOWED BY LAW), ARISING OR RELATING TO ALL ACTS AND/OR OMISSIONS RELATING TO PRODUCTS USED.
- IN NO EVENT SHALL ACE & TATE, ITS OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE, AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME.
- NOTWITHSTANDING ANYTHING ELSE IN THESE T&C’S TO THE CONTRARY, ACE & TATE’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT IN CONNECTION TO WHICH THE DAMAGES OCCURRED.
- THE LIMITATIONS ON ACE & TATE’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT ACE & TATE, ITS OFFICERS, EMPLOYEES, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
- Any information provided on or in relation to the website is for general information purposes only and the user is and remains solely responsible for the use and interpretation of the information on the Website.
- Information provided by Ace & Tate through any means of communication and the information on the Website is not, and shall not be considered as medical advice and should not be used for any diagnosis or treatment purposes. Always consult a doctor or specialist for medical problems. Although we take great care in maintaining our Website, we cannot guarantee and make no warranty that the Website will meet your requirements and its contents are accurate, complete, up to date, nor that the Website is available, uninterrupted, error-free or free of viruses or bugs. Insofar as our Website contains information of third party’s or links to other websites, Ace & Tate is not responsible for any such information or links (or availability thereof).
- We have made every reasonable effort to display the Products as accurately as possible but cannot guarantee that the images of the Products displayed on your screen are an accurate representation of the actual merchandise due - among other reasons - to the technical difference in monitors or screens you may use. All specifications, drawings and particulars of weights, colors, sizes and performance are approximate only.
- Ace & Tate gift cards can only be used for Ace & Tate Products. The gift cards do not expire, are non-refundable and cannot be used to purchase another Ace & Tate gift card. Gift cards cannot be combined with other coupons, promotion codes and discounts. Ace & Tate is not responsible for lost, stolen, damaged or unauthorized use of gift cards.
Account, Personal Data and Privacy
- When placing an order for our Products, you may have to create an account with Ace & Tate. In order to be able to open an account you must provide your personal data. You are responsible for the safety and correct use of your password to your account with Ace & Tate and will keep this confidential. If you suspect your account is being abused, please contact the Customer Service team immediately.
- By accepting the T&C’s you grant Ace & Tate permission to send you our newsletter and make offers to you via email. You can always unsubscribe from our offers and newsletter by clicking on the link in such email. Ace & Tate may also at any time stop sending you offers or newsletters by email.
Intellectual Property Rights
- Unless otherwise stated, Ace & Tate holds all intellectual property rights to the Website, its contents (including text, design, layout, images, and videos), the Products, trademarks and trade names of Ace & Tate.
- You may use the website and information provided thereon for your own personal use (such as printing and saving them for later viewing). Any other use (such as copying, redistributing or saving the contents or any part thereof to another website, framing, hyper- or/deeplinking to another website) is not allowed without our express written consent.
- Except as hereinafter provided, Ace & Tate is not liable for any default or delay in its performance (or that of any third parties relied on by it) due to Force Majeure. Force Majeure means any circumstance beyond the control of Ace & Tate such as, without limitation, acts of God, strikes, lockouts or industrial disputes or disturbances, civil disturbances, acts of third parties, wars, riots, blockades, lightning, fire, storm, floods, explosions, the inability to obtain or retain necessary authorizations, permits, and compliance with any law or governmental order, rule, regulation or direction, regardless of whether it is later held to be invalid.
- In the event of a Force Majeure event, Ace & Tate shall inform you as soon as reasonably. Both Ace & Tate and you may rescind the agreement if the Force Majeure lasts for more than 21 (twenty-one) days in which case Ace & Tate will refund any payments made in connection to deliveries not made because of the Force Majeure event.
- Ace & Tate reserves the right to amend these T&C’s at any time.
- References to writing also includes email, unless stated otherwise.
- If any provision of these T&C’s or any agreement between the parties, is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original meaning of the terms or agreement in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions shall remain in full force and effect
- The failure to exercise, or delay in exercising, a right, power or remedy provided by these T&C’s or the law shall not constitute a waiver of that right, power or remedy. If Ace & Tate waives a breach of any provision of these T&C’s, such waiver shall not operate as a waiver of a subsequent breach of that provision or as a waiver of a breach of any other provision.
- Any terms and conditions of you are explicitly rejected and do not apply to your orders.
- You may not transfer any of your rights or obligations under these T&C’s to another person without our prior written consent, which we will not withhold unreasonably. Ace & Tate may assign its rights and obligations under these T&C’s to a third party, at its soled discretion.
- If you need to contact us, our dedicated Customer Service team can be contacted at email@example.com.
- These T&C’s and all agreements concluded between Ace & Tate and you, and all disputes relating thereto are governed by the laws of the Netherlands without regard for conflict rules under Dutch private international law. The applicability of the United Nations Convention on the International Sale of Goods (Vienna Convention of 11 April 1980) is explicitly excluded.
- If you are based in the EU (including the United Kingdom), any disputes arising out of or in connection with the T&C’s or our agreement(s) shall be submitted to the competent court of Amsterdam, the Netherlands. If a consumer wishes to bring the dispute before another competent Dutch court, it shall inform Ace & Tate thereof in writing within one (1) month weeks after Ace & Tate having informed the consumer that it wishes to invoke this Section, in the absence of which notification from you the competent court of Amsterdam shall have exclusive jurisdiction.
- If u are based outside the EU, any disputes arising out of or in connection with the T&C’s or our agreement(s) shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut). The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Amsterdam, the Netherlands. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim shall be decided in accordance with the laws of the Netherlands. Consolidation of the arbitral proceedings with other arbitral proceedings pending in the Netherlands, as provided for in Article 1046 of the Dutch Code of Civil Procedure, shall be excluded.This clause shall not limit the right of Ace & Tate to initiate proceedings against you in any other jurisdiction, nor shall it preclude Ace & Tate from applying for injunctive relief in summary proceedings before the competent court of Amsterdam, the Netherlands.
- ANY CAUSE OF ACTION AGAINST ACE & TATE, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Ace and Tate E-com B.V.
1097 BA Amsterdam The Netherlands
Dutch Chamber of Commerce number 56577710
Most recent update: November 2019