Terms and Conditions
For the Peritip range of products and services.
We, the team at Peritip, are pleased by your interest in our products, and we are confident that our Peritip, combined with the Tips, will meet your needs. To enable you to utilise our products, we must establish certain agreements regarding our rights and obligations towards you and vice versa. Additionally, the topic or data protection is of paramount importance to us. Our Privacy Policy can be found on our website. However, due to the impracticality of negotiating individual Terms of Use with each potential user of Peritip Products, we provide these General Terms and Conditions (referred to as the "Terms") to you and all other Users. Please carefully review the following Terms before using Peritip services. They outline our terms and conditions regarding the use of our products, website, as well as their services, features, content, and applications.
Thank you for visiting our website www.peritip.com (referred to as the “Website”). Please review these Terms and Conditions (referred to as “Terms”) before utilising the Website, accessing any of its features, or making any purchase requests. These Terms govern your usage of the Website and establish a legally binding agreement between You (referred to as “User” or “You”) and the operator of the Website whenever you make a purchase on the Website. If You have not read and/ or understood the provisions of these Terms, we advise you to discontinue using the Website and refrain from making any purchases via the Website.
General Information
Peritip (referred to as the “Seller”, “We”, “Us”, “Our”) is a brand name and registered trademark operated by: Rounded Square Holding B.V. Voorduinstraat 6, 2023 PD Haarlem, The Netherlands.
By making a purchase on the Website, you enter into a contractual relationship with Us, and this contractual relationship shall be governed by these Terms and applicable laws.
Your health is very important to us. ALWAYS consult your dentist regarding your dental care habits and health. Peritip is in no way a substitute for your dentist and assumes no responsibility for your actions or the actions of your children. All content on the Peritip Website, whether provided by Peritip itself, partners or Users, is not a supplement to or substitute for information provided by a dentist or dental hygienist/therapist or doctor. By agreeing to these Terms, you acknowledge that you, as a User, are solely responsible for the health of you and your child.
Please note that most products available for purchase on the Website are dispatched from the Seller’s warehouses located in The Netherlands. Therefore, depending on the laws applicable in your country of residence, your purchased products might be subject to import duties, sales, and/ or other similar taxes.
To utilise the Website and make purchases, you must meet the following minimum requirements: (a) You have read these Terms and agree to be bound by them;
(b) You are of legal age to use the Website and/or to enter into a remote contract via online means, as required by Your local laws;
(c) You are using the Website for your personal interest only and not on behalf of any other business entity or subject, whether natural or legal.
(d) To access the full range of Peritip products and services, one-time registration (with the option of a subscription) is required. Selected public content and general descriptions of the Peritip Website are also available to Users without registration and/or subscription. Please note that the Website is intended and designed for adult users only. It is not intended for use by children or minors.
We reserve the right to prohibit You from accessing and using the Website or any of its features if we have reason to believe that you do not comply with the requirements or are in breach of any provisions set out in these Terms.
Please be aware that some of our products are manufactured in Europe and some in China, and will be delivered to you from The Netherlands. Your purchased products might be subject to import duties, sales, VAT tax, and/or other taxes, depending on the laws applicable in your country of residence.
What We Have for Sale
Peritip is a small handheld device aimed at enhancing oral and dental hygiene, and we produce and sell dental hygiene products. The Website is dedicated to selling various personal dental hygiene products under the brand name “Peritip” (all products sold on the Website collectively referred to as “Goods” or “Peritip”).
The “Tips” of wooden sticks are natural birch wood based and quality may vary.
Peritip products are not medical dental devices and are not intended to diagnose, treat, cure, or prevent any specific disease or condition. Peritip products are designed to be used as personal care products only.
Neither Peritip gum cleaning device nor any other Goods on our store are substitutes or replacements for professional medical procedures or consultations and should not be used as substitutes for any drug, device, or regimen prescribed by your doctor, dentist, or dental hygienist.
Peritip is not designed or intended for use by children or minors. Please keep Peritip out of reach of children. Peritip is also not intended for use to clean implants.
Please note that our Goods are not designed or suitable for industrial, commercial, or professional use. We sell our Goods for personal use only.
We reserve the right to change the products if we want.
You can find Peritip specifications, important usage information, and answers to other questions on the FAQ section of the Website here: www.peritip.com
Pricing, Payments, and Charges
The final price, inclusive of all taxes and fees for the Goods, will be displayed on the check-out page, where you can make the purchase. Please note that the price on the check-out page does not include any import duties or fees applicable by your local customs. Prices for Goods displayed on the Website may be subject to change. We may also offer discounts or reduce prices occasionally. We reserve the right to modify or discontinue further sales of any products. We will not be liable to you or any third-party for any modification, discontinuance, suspension, or price change of the sale of products. Please note that we will not apply any conversion rates or charges to your chosen payment method. However, some banks may apply conversion rates for outgoing payments and international transfers. We are not responsible for any bank fees or conversion rates that your bank may apply for any payment made to Us. If you notice any differences between the product prices on Our Website or purchase receipt and your bank account statement, please refer to your bank for a detailed explanation of the additional charges. We accept payments by credit card, PayPal, and other electronic payments only. We do not accept checks, cash, or other means of payment.
Delivery
Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After processing, you should receive the shipment within 4-14 business days, unless shipping is affected by natural occurrences. If you do not receive your shipment within 4-14 business days, please contact our customer support. Once your order is processed and ready for shipment, we will not be able to accept any changes to your order or cancel the order. If you change your mind, you can return products as specified in “Returns & Refunds” below.
All products purchased on our Website will be delivered to you by Post NL and Royal Mail, or other similar couriers. After we finish processing your order, we will send you a confirmation letter containing your shipment tracking number.
If your purchase does not reach you within 30 calendar days, please report it to our customer support. Please note that, in accordance with Article 18(2) of Directive 2011/83/EU of the European Parliament and of the Council, if you do not receive your purchase within 30 days, you must contact Us and inform Us of an acceptable additional period upon which we will deliver Your
purchase. You shall be entitled to terminate the purchase only if we have failed to deliver your purchase within the additional time limit. Please note that you cannot claim not to have received the purchased goods if the rules set out in this provision are not followed.
Please note that shipping terms may be affected by customs, natural occurrences, increased packaging volume, transfers to the local carrier in your country, remote shipping locations, air and ground transportation strikes or other delays. We will not be responsible for delays if the shipment is delayed due to the unforeseen reasons mentioned above.
Returns & Refunds
If you are unhappy with your purchased Goods, you may return items and receive a refund within
30 days from the delivery date. The 30-day return period will expire after 30 days from the day on
which you, or a third party other than the carrier indicated by you, acquire physical possession of
the purchased Goods.
To exercise the right to withdraw and return your purchased Goods, you must contact our customer support team by emailing: hello@peritip.com. After you contact our support team, you
will be provided with a return code and return address. Please note that we will only accept returning goods that are sent with the provided return code and delivered to the provided return address.
To meet the withdrawal deadline (30 days), you must contact us and send the returning Goods to
us within 30 days of receiving the Goods. If you withdraw from this contract, we shall reimburse
you with all payments received from you, without undue delay and in any event not later than within 14 days from the day on which we receive the returning goods from you. We will make the refund by using the same means of payment as you used for the initial transaction.
Please note that we will only accept returned Goods if they are unused, undamaged, and sent back to us in the original package. If we determine that the returned products were used, we reserve the right to not accept the return and not issue the refund, as we will not be able to resell a used product.
Please note that if you want to return Goods bought on the Website, you will have to cover the
shipping costs, which will not be compensated by Us.
If you do not collect your bought Goods from the carrier or customs and such Goods are returned to Us, we will refund you the fee for the Good, but not the shipment fee. Unclaimed packages that are returned to us: we will have to charge you postage if you wish to have your package delivered
again.
Please note that we will only accept returned products and issue refunds for them if they are
returned to the address provided by our customer support and have the return slip number placed
in the return package with the returning shipment. Please do not send any returning products to
our office address as we will not be able to accept them. Please note that shipping costs are not
refundable. Tracking number has to be sent to us. We issue refunds for the purchased items, but
NOT for the order shipping costs.
For further information, check the ‘Shipping, Payment and Return Policy’.
If you wish to return a defective item, please contact our customer support team by emailing
hello@peritip.com. When you contact our customer support with a warranty claim, please be
prepared to provide upon request: (1) a brief description of the defect, (2) photographs of the
defective item, (3) your order ID and purchase confirmation letter or payment receipt.
Personal Data
We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect your personal information from being inappropriately lost, misused, accessed, disclosed, altered, or destroyed. We ensure that all personal data shall be collected and processed in accordance with all applicable laws. To find out more about how we use and process personal data, please read our Privacy Policy. Please note that we may contact you via
email if we need to confirm any details of your order or if your order request was not processed successfully due to technical matters. If your order was not successful due to payment processing errors, we might send you an email with a reminder to carry out necessary actions.
Peritip will send occasional newsletters to registered Users, provided that the User has given consent to these Terms and the Privacy Policy. By agreeing to these Terms, the User allows Peritip to send newsletters to the User, subject to the provisions of the Privacy Policy. The User has the opportunity to unsubscribe from each newsletter via the unsubscribe link in the newsletter. After opting-out, the User will not receive any further newsletters of this kind from Peritip.
Only persons with unlimited legal capacity are allowed to register with Peritip. By registering, the User declares that the User is at least 18 years old. If a User registers to provide access to Peritips’ products and/or services to their children or persons under his or her parental supervision who are under 18 years of age ("Minors"), the User consents to the use of Peritip products and/or services by such Minors. The Registering User further represents and warrants that it will at all times monitor and observe the use by such Minors and that it will prevent the acceptance by such Minors of any additional terms or amendments to these Terms without its supervision.
Transfer by Peritip of the User's registration data from the Facebook, Twitter or Instagram social network: Registration via Facebook Connect, Twitter or Instagram requires confirmation that the selected data that the User has already verified on Facebook, Twitter or Instagram can be transferred to the Peritip network. This data can be subsequently expanded or reduced by the User in their own Profile on the Peritip Website. Peritip reserves the right to refuse Users without giving reasons. In this case, the transmitted data will be deleted immediately.
Fraud protection of user accounts
The User shall protect its registration data against unauthorised access by third parties, misuse, or fraudulent use. The User shall immediately report any unauthorised, improper, or fraudulent use of his or her account, as well as any suspicion that his or her account may be at risk of such use, by sending an email to hello@peritip.com. In case of fraudulent use of User accounts, Peritip will not refund any amounts paid by the User to Peritip in connection therewith until the User has reported the unauthorised access, misuse, or fraudulent use via email. Peritip has the right to close or cancel the account of any Registered User if Peritip reasonably suspects that misuse or fraudulent use of the account has occurred.
Privacy Policy / Consent to Use of Data
Peritip refers to the distinct Privacy Policy. When registering on the Peritip website or social media web application, consent to the usage of data in accordance with the Privacy Policy is mandatory.
Third-Party Websites and Content
The Site may contain (or you may be directed via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not scrutinised, monitored, or checked for accuracy, suitability, or completeness by us, and we bear no responsibility for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement thereof. If you choose to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we bear no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused
by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third-Party Websites.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Digital Millennium Copyright Act Notice and Policy (DMCA) Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification,
you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury. Designated Office for Copyright Issues
Rules of Conduct
Please note that our Goods or Services are sold for personal use only. By agreeing to these Terms, you confirm that you will only purchase our Goods for personal use. You may not use our Goods for any illegal or unauthorised purpose, nor may you, in the use of the Website, violate any laws. All contents of the Website and the contents of all materials received from us (including graphic designs and other contents) and the relevant parts of the Website belong to the ownership of Rounded Square Holding BV and are protected by copyright laws. Any use of any copyrights for purposes other than personal use, without our license, constitutes a breach of copyright. We have the right, but not the obligation, to investigate any illegal and/or unauthorised use of the Website and take appropriate legal action, including without limitation, civil, and injunctive relief if we have a reason to believe that you are violating these Terms or applicable laws. While using the Website, you must: (a) Not use the Website or any of its contents for any illegal purpose, or in violation of any local, state, national, or international law; (b) Not violate or encourage others to violate the rights of third parties, including intellectual property rights; (c) Comply with all policies posted on the Website; (d) Not transfer, legally or factually, your registered account to another person without our written consent; (e) Provide honest and accurate information to us; (f) Not use the Website or any of its contents for any commercial purpose, including distribution of any advertising or solicitation; (g) Not reformat, format, or mirror any portion of any web page of the Website; (h) Not create any links or redirections to the Website through other websites or emails, without prior written consent given by us; (i) Not make any attempts to interfere with the proper functioning of the Website or the use and enjoyment of the Website by other users; (j) Not commercially resell, redistribute or transfer any Products that you buy from us; (k) Not interfere in any way with security-related features of the Website; (l) Not access, monitor or copy any content or information of the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (m) Not claim false affiliations, access the accounts of other users without permission, or falsify your identity or any information about you, including age or date of birth; and (n) Not perform any other activity or action which would be non-compliant with these Terms or applicable laws.
Duties and Conduct of the User
Each User who registers for a Peritip service undertakes:
to provide his or her registration data truthfully and to keep it up to date and complete and not to disclose it to any third party;
only to store, publish, transmit and distribute content, e.g. photos, images, text, representations or videos, which he or she is authorised to distribute, i.e. (i) either the User owns the exclusive rights of use or (ii) if the User is not the owner of the rights to any content posted by him or her, he or she warrants to Peritip that he or she has effectively obtained all necessary rights, licenses, consents or the like. This also applies to content that is subject to intellectual property rights, in particular copyrights and ancillary copyrights, design rights, trade name and trademark rights. The responsibility for this content lies exclusively with the User;
not to store, publish, transmit or distribute any racist, insulting, discriminatory, defamatory, sexual, violent or otherwise illegal content;
not to send chain letters or messages, e.g. mass mails or spam, to several persons at the same time;
not to make any disruptive interventions with technical or electronic aids into the Peritip network, in particular hacking attempts, brute force attacks, introduction of viruses/worms/Trojans and other disruption attempts affecting the software and hardware of Peritip;
not to copy, use or disseminate and transmit accessible data without the express consent of the respective rights holder or to read out such data using technical aids such as crawlers or bots; report any violations of the above obligations immediately by e-mail to hello@peritip.com; handle personal data with care and to grant access to one's own data only to those persons with whom a close relationship already exists; and
regularly back up important personal data itself externally, e.g. on storage media, hard disk or in the cloud. Peritip is not responsible for lost or damaged data.
Sanctions in Case of Violation of the Obligations by the User
To ensure proper and serious provision of the Services, Peritip has the right to implement the following sanctions in case of violation of the obligations by the User:
Warning;
Deleting content;
Temporary suspension of the User;
Exclusion (final suspension).
The choice of the sanction depends on the intent, severity or manner of the offence, taking into account the interests of both parties. These sanctions shall apply without prejudice to any further claims for damages or other claims that Peritip may have against the User in this context. In the event of exclusion from the Peritip pursuant to this Section 10, the User may not register again.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warnings in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You acknowledge that the Website does not have to be accessible at all times, especially during the necessary hardware and software maintenance periods.
Health Related Disclaimers
No material on this website is intended to be a substitute for professional medical and dental advice, diagnosis or treatment. Always seek the advice of your doctor and / or dentist or other qualified health care provider with any questions you may have regarding a medical or dental condition or treatment and never disregard professional medical and dental advice or delay in seeking it because of something you have read on this website. Your use of this website and any information contained herewith is entirely at your own risk and we shall not be liable or responsible for any loss or damage caused, including but not limited to, indirect, special, incidental or punitive loss to person or computer equipment, sustained as a result of the use of this website, the information contained or suggested therein or any errors or omissions contained in such information. All customers purchasing dental cleaning products on the Website agree to accept full responsibility for any results experienced from using them. Peritip or any of the claims listed in its web material or by other Users, have not been evaluated by the FDA/MHRA/European. The aforementioned products are not intended to diagnose, treat, cure, or prevent any specific disease or condition. If you have a health or dental concern or a pre-existing condition, please consult a physician or a dentist or an appropriate specialist before using Peritip. Peritip is NOT intended to replace or to supersede any of your doctors’ or dentists’ advice or prescriptions. Each personal body is different and thus we do not provide any warranties that our products will be suitable or effective for you specifically, as this highly depends on the anatomy of your teeth and gums and personal physical aspects. These Terms and all legal relations and disputes between Users and Peritip shall be governed exclusively by Dutch law, with the exception of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Notwithstanding the foregoing, for Users who are consumers and have their habitual residence in the EU, all provisions of the law of the User's country of residence that are more favourable to the User than Dutch law shall apply. The parties agree to submit to the non-exclusive jurisdiction of the competent court of The Netherlands, for all disputes arising from these Terms. This means that the User may bring claims against Peritip before this court in The Netherlands, or in the EU country where the User resides. Claims of Peritip against a User who is a consumer and has his or her habitual residence in the EU can only be asserted at the place of residence of the User.
Alternatively, alternative dispute resolution may be used for disputes arising from paid contracts in accordance with Article 14 of Regulation (EU) No. 524/2013. Such alternative dispute resolution may be initiated by any party. This can be done via an online procedure, which you can find on the homepage of the European Commission at http://ec.europa.eu/odr. If you would like to bring a matter to our attention, please contact us.
Other Disclaimers
The Website may provide links to other websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access third-party sites, you do so at your own risk.
We honour the privacy of our customers, thus all testimonials and/or comments displayed on the Website might have fictional names and associative pictures. The identity of the consumers is known to us, but we will never display our users’ true names or images except when a user gives its express consent to display his/her name and/or image. Unless otherwise indicated, this Website is our property and all source code, databases, functionality, software, designs, text, photographs, and graphics on the Website are owned or controlled by us and are protected by copyright and trademark laws. It is forbidden to copy or use any of the Website's contents without prior written approval by Us. The goods sold on our website are designed for personal use only. We do not claim that any of our products will be suitable for professional, industrial, or commercial use.
The use of the Peritip does not replace the Users' consultation with a specialised physician. We do not warrant that the website or any of its functions will be uninterrupted or error-free, that defects will be corrected or that any part of this website or the servers that make the website available are free of viruses or other harmful components. We expressly disclaim liability for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action. Each user specifically acknowledges that we are not liable for the defamatory, offensive, or illegal conduct of other third parties, subscribers, members, or other users of the website and that the risk of injury from the foregoing rests entirely with each user. Peritip cannot control and does not guarantee that the data transfer by the User, in particular via the Internet or telecommunication networks, will not be tracked, recorded, or falsified by third parties. We do not make any representations or warranties about the correctness, accuracy, timeliness, or reliability of the website or third-party sites. The use of any information on the website or third-party websites is at the user's own risk. Under no circumstances will we be liable for any loss or damage caused by reliance on information obtained through the website. We made every effort to display as accurately as possible the colours and images of all materials that appear on the Website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate as well as that any display of any product or service on the Website will accurately reflect the actual properties of the product or service that You can find on the Website.
Amendments and Interruptions
We retain the right to amend, alter, or remove the contents of the Site at any time or for any reason at our sole discretion, without prior notice. However, we are not obliged to update any information on our Site. Additionally, we reserve the right to modify or discontinue all or part of the Site without notice, at any time. We shall not be liable to you or any third party for any modifications, changes in pricing, suspensions, or discontinuations of the Site.
We cannot guarantee uninterrupted availability of the Site at all times. We may encounter hardware, software, or other technical issues or may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason, without prior notice to you. You agree that we bear no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. These Terms of Use shall not obligate us to maintain and support the Site or to provide any corrections, updates, or releases in connection therewith.
Rectifications
The Site may contain information that includes typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and various other details. We reserve the right to rectify any errors, inaccuracies, or omissions and to amend or update the information on the Site at any time, without prior notice.
Indemnification
You agree to indemnify, defend, and hold us and our affiliates, as well as our respective officers, directors, owners, agents, partners, employees, information providers, and licensors, harmless from and against all claims, liabilities, losses, damages, costs, and expenses, including attorneys' fees, arising from:
(a) Your use of or connection to Our Website;
(b) Any use or alleged use of your account or your account password by any person, whether or not authorised by you;
(c) The content of information submitted by you to us;
(d) Your violation of the rights of any other person or entity;
(e) Your violation of any applicable laws, rules, or regulations.
We reserve the right, at our own expense, to assume the defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with us in the defense of such claim. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
User Data
We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Your visit to the Site, sending us emails, and completing online forms constitute electronic communications. By using the Site, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records, or to payments or the granting of credits by any means other than electronic means.
Limitation of Liability
Under no circumstances, including negligence, shall we, our subsidiary companies, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of, or the inability to use, the website, including its materials, products, or services, or third-party materials, products, or services made available through the website, even if we have been advised of the possibility of such damages. As some countries or states do not allow the exclusion or limitation of certain categories of damages, the above limitation may apply to you to a lesser extent. In such states, our liability and the liability of our subsidiary companies or affiliates are limited to the greatest extent permitted by such state law.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, health issues, sickness, physical problems, 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. In no case shall we be liable for any recommendations, health claims, statements, or any other advice or information provided on the Website or any other forms of communication. 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.
The User acknowledges and accepts that Peritip shall under no circumstances and in no way be responsible for the acts or omissions of other Users, including any damage arising from said acts or omissions. The User shall indemnify Peritip against any claims made by third parties against Peritip due to an infringement of their rights by the content posted by the User on the Peritip Website or by the User's other use of the applications available via the Peritip Website; this applies in particular to claims of third parties in connection with the infringement of trade secrets, copyrights, or other intellectual property rights in connection with content uploaded by the User to the Peritip Website. In this regard, the User shall bear the costs of any necessary legal defense of Peritip, including all court costs and attorneys' fees in the statutory amount. This does not apply if the infringement is not due to any culpable conduct of the User. In the event of a claim by a third party, the User is obliged to immediately, truthfully, and completely provide Peritip with all information available to it that is necessary for an examination of the claims and a defense. Any further claims for damages by Peritip against the User shall remain unaffected. If You are dissatisfied with the Website, any materials, products, or services displayed on the Website, or with any of the Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
Intellectual Property
For the purposes of these Terms, intellectual property rights mean such rights as trademarks, copyright, domain names, database rights, design rights, patents, and all other intellectual property rights of any kind, whether or not they are registered ("Intellectual Property"). All Intellectual Property displayed on the Website or provided to you in any other form are protected by law. You may not copy, repurpose, or distribute any Intellectual Property or any other content received from us or found on the Website, including Product descriptions, for any purpose, without our express written permission. For example, you may not copy Product information onto any other website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission. All Intellectual Property displayed on the Website or provided to you in any other form belongs to us, except third-party trademarks, service marks, or other materials, which are used by us. None of such Intellectual Property may be used without the prior written consent of Us or the third party to whom such Intellectual Property belongs.
Governing Law and Disputes
These Terms and the entire legal relationship between you and us shall be subject to Dutch law, except when consumer laws set a specific applicable law or jurisdiction. If you have any complaints, please contact our support team before making an official complaint to any authority or third party. You may contact Us at any time by emailing hello@peritip.com. We will always make our best efforts to settle any complaints as quickly as possible and in a manner most favourable to You.
Miscellaneous
If any provision of these Terms 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. You can review the most current version of the terms of service at any time on 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. These Terms and the Privacy Policy, the Returns Policy, and any other policies on the Website (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement between You and Us.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Information
You can contact us using the following details:
Support email: hello@peritip.com