Terms of Service
CHAPTER 1: GENERAL INFORMATION
ARTICLE 1 – DEFINITION
- UNITED ERA is a company (hereinafter “UNITED ERA” or “the Company”) registered with the Chambers of Commerce in the Netherlands with the number 82698759, with its registered address at Kruisstraat 34, 5211 DV, ’s-Hertogenbosch. Through our website, unitedera.eu, and our physical store, we offer footwear, clothing and accessories of brands in the higher and luxury segment. UNITED ERA acts also as an intermediary on behalf of third parties as well as a seller on its own behalf. Notice and caution must be taken for deviations on the regular rules when it regards an offer by UNITED ERA as an intermediary.
- The following terms, “WE”, “US”, “OUR” or “UNITED ERA” will refer to the Company, its owner, employees, affiliates and/or any other party explicitly permitted to act on behalf of the company.
- “User” or “You” is the interested individual and/or company visiting either the website or physical store of the Company and/or buying or sell products through the website.
- “Offer” are the goods offered by the Company.
- “Promotion” is a temporary offer of goods for a reduced amount other than the original price throughout a beforehand specified period.
- “Agreement” is the completion of the transaction process based on the offer by the Company and the acceptance by the User finalized through payment by the latter to the Company.
- “GTCS” is the abbreviation used herein for these General Terms & Conditions of Sale.
- “Website” is www.unitedera.eu.
ARTICLE 2 – APPLICABILITY AND SEVERABILITY
- These GTCS are applicable to all agreements, services with regards to the sale of goods and other services provided by UNITED ERA. No deviation to these GTCS shall be applicable other than if stipulated in advance and in writing, provided by consent by UNITED ERA. Any other GTCS are automatically rejected. When visiting the Website and/or making a purchase through the Website or at the physical store, You automatically agree with these GTCS. If You do not agree with these GTCS, You are requested to immediately leave the Website or exit the physical store.
- In the event that any provision of these GTCS 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 GTCS, such determination shall not affect the validity and enforceability of any other remaining provisions.
- UNITED ERA retains the right to update and/or amend these GTCS and prices at its own discretion. The applicable GTCS are the GTSC which are on the Website at the moment You use the Website or buy products. Please check them carefully. We will inform You about amendments made after we have entered into an agreement. In that case You are entitled to refuse the applicability of the amended GTCS within 2 calendar days and the former GTCS will then stay applicable. If we don’t receive your notice within the mentioned term, the amended GTCS will be applicable on the agreement.
CHAPTER 2: USE OF THE WEBSITE
ARTICLE 3 – YOUR ACCOUNT
- Prior to buy or sell products online You have to create an account on the Website. You are obliged to provide complete and correct information and not to submit misleading information.
- An account can be created and products can be bought by anyone who is over 18 years old or (in store) under supervision of an adult.
- You shall handle your account with care, keep your password in a safe location and keep the password secret. You shall take measures to prevent unlawful use of the account. If you discover that someone else is using your account or that security has been compromised, you must notify UNITED ERA immediately by email to email@example.com.
- Without the explicit written consent of UNITED ERA to the contrary, You are not permitted to allow third parties to use your account and/or to transfer rights and obligations arising to third parties.
- You are fully responsible and liable (both to UNITED ERA and to others) for all activities conducted through your account.
- You acknowledges that entering the password and other necessary account information is equivalent to placing an electronic signature, and that messages sent from your account are considered to have been signed by you.
ARTICLE 4 - GENERAL RULES FOR THE USE OF THE WEBSITE
- The distribution, copying and/or re-use etc. of (parts of) the Website (including the content posted) are only permitted subject to the prior written consent of UNITED ERA.
- Access to the content via the use of different technologies and/or resources other than commonly available web browsers (and/or any other method which UNITED ERA may expressly designate for this purpose) is not permitted.
- The collection or processing in any way whatsoever of the personal data of users of the Website (such as account information and user names, for example) is not permitted, unless this takes place in the context of direct contact and/or with the written consent of the person(s) involved.
- UNITED ERA grants the operators of public search engines permission to use spiders to copy materials from the Website, however this is for the sole purpose of creating publicly available search indices for the material, but not caches or archives of such material. UNITED ERA reserves the right to revoke these exceptions either in general or in specific cases.
- In the event of an infringement of the provisions in this clause 4 of these general terms and conditions by You, subsequent to written notice of default and the expiry of a reasonable period specified in the notice of default, You are liable to UNITED ERA for a financial penalty in the amount of € 500.00 per infringement, without prejudice to the right of UNITED ERA to claim compensation and/or compliance.
ARTICLE 5 – UNSOLLICITED IDEAS, FEEDBACK AND OTHER SUBMISSIONS
- If and in the event a third party may provide unsolicited ideas, UNITED ERA is not obliged in any which way to give effect to these ideas or to compensate You. If a new work arises directly from said work and/or from the combination of these unsolicited ideas and material owned by UNITED ERA, which are then send to the latter or published publicly, UNITED ERA may use this work freely without any obligations to the relevant third party.
- UNITED ERA has no influence on expressions by third parties and shall by no means try to convince the third party to modify its opinion. We however retain the right to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable and not acceptable by us due to the high standards and values of UNITED ERA.
- UNITED ERA may not be held accountable for any comments made by You and/or a different user, as well as its accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
ARTICLE 6 – PRIVACY
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ARTICLE 7 – WEBSITE
- The Website of UNITED ERA contains general information of goods offered by UNITED ERA. Colours and representation of the goods may differ from the actual product. UNITED ERA is never liable for manufacturing defects in products offered at the Website.
- UNITED ERA has applied all necessary means and effort in order to create an as complete, clear and safe as possible shopping environment. However, we cannot guarantee that the Website is clear of errors, malware and/or viruses. If and in the event the user has suspicion of, or discovers inconsistencies, unclarity, inaccuracy, suspicious circumstances, questionable and/or suspicious situations through the use of the Website, user is highly advised to immediately stop the use of the Website and to contact us for the purpose of reporting these matters in order for us to take actions.
- User must remain wary of any suspicious circumstances while using the Website UNITED ERA is never liable for any damage occurred while misusing the Website or the continuation of the use of the Website regardless of any occurrence of any of the abovementioned suspicious situation.
- It is prohibited to make use of the Website and/or the services in the store for unlawful purposes or soliciting others to do so, whether or not violating any applicable law, rules and/or regulations, to bring hinder to others in any which way, included but not limited to, racism and discrimination on any grounds, to submit false and/or misleading information, to transmit viruses and/or malware/malicious code, in every meaning to the word, to the Website or IT-services of UNITED ERA affecting the functionality and existence of UNITED ERA. If any of the mentioned events occur, UNITED ERA reserves the right to terminate the services to the relevant user at once for an indefinite period of time.
ARTICLE 8 – THIRD PARTIES AND INDEMNIFICATION
- The Website of UNITED ERA may contain third party links for the purpose of improving and/or increasing our services to the user. These services are provided to You “as is” and “as available” without any warranties or being liable to You for the content. These tools should be used as a guideline and never as an established fact on which You can fully rely. The use of these tools is offered for your services but the choice to make use of them is at your own risk.
- Third party links may re-direct You to a different webpage of a third parties, being external parties, which are in no way affiliated to UNITED ERA unless explicitly expressed otherwise. UNITED ERA is not responsible for examining or evaluating the content or accuracy of the third-party website nor shall we have any influence on the content or the correctness thereof. Therefore, we cannot be held accountable, responsible nor liable for any third-party link and its content. The decision and actual use of the third-party link by following this link to a different website, will be your own full responsibility.
- You agree to indemnify, defend and hold harmless UNITED ERA and affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these GTCS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 9 – INTELLECTUAL PROPERTY
- The Website contains material that is protected by trademark, copyright and/or Industrial design right and/or other rights that may protect the material based on civil right such as, but not limited to, tort, wrongful act or slavish imitation.
- The store holds products and/or visuals and/or its interior that are protected by trademark, copyright and/or Industrial design right and/or other rights that may protect the material based on civil right such as, but not limited to, tort, wrongful act or slavish imitation.
- Beforementioned materials, products, visuals, and interior are and will always be the property of either UNITED ERA or the rightful owners being third parties. The use of the Website or in any communication and/or act provided to You by UNITED ERA shall never imply permission to use, transfer, or a license to use the protected material. Any unauthorized use, copy, reproduce, offer to third parties, shall not be permitted, and will immediately pose an infringement to the rights of either UNITED ERA or the rightful owner being a third party.
CHAPTER 3: SALES CONDITIONS UNITED ERA FOR BUYERS ONLINE AND IN THE STORE
ARTICLE 10 – OFFER AND RESERVATIONS
- All offers by UNITED ERA, through its website or in the physical store, are subject to alterations, which may not be held against UNITED ERA. UNITED ERA is entitled to amend its prices at any time before an agreement with You is concluded.
- The offer on the Website and in the physical store may deviate from one another. Certain products or services may be available exclusively online through the Website. You may not appeal to the differences on the offer when purchasing through the opposite channel, i.e., You may not appeal to an online offer and conditions when purchasing in the physical store or vice versa.
- UNITED ERA is free to make a special one-time offer directly to a specific consumer or to all consumers for a limited period. The offer is only applicable throughout a specified period. You may not claim any expired discount or request a discount after a purchase was made prior to or after the specified offer period.
- UNITED ERA preserves the right to refuse its services to You at its own discretion.
- UNITED ERA retains the right, at its own discretion, to amend, remove products or services as well as changing the prizes, its offer and collection without prior notice.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS IN THE OFFER
- Occasionally there may be information provided by UNITED ERA to You via our Website or through other communications and in the psychical store that contains typographical errors, inaccuracies or omissions that may relate to the services offered by UNITED ERA to You. We reserve the right to correct any errors, inaccuracies, or omissions, change or update information or cancel services if the service is based on an error, inaccuracy, or omission. UNITED ERA retains the right to any such action at any time and without prior notice, including after the order has been submitted.
- The material on our Website contains general information only. We advise to consult with us prior to make your order instead of deciding without consulting. Any reliance without consultation is at your own risk.
ARTICLE 12 – PRICE, PAYMENT AND CONFIRMATION
- The prices and offer by UNITED ERA are carefully selected and in conformity with the market and are therefore subject to change without notice. We reserve the right at any time to modify or discontinue the product and/or the service without prior notice.
- All displayed prices on the website and in the physical store are including tax and in the EURO currency. Prices are applicable to any customer. UNITED ERA shall not be responsible, nor will it provide tax return to the User.
- The total price of the purchase through the Website is excluding shipping costs. Shipping costs are for the account of the User.
- Payments are possible through check out online or in the physical store according to the following accepted and available payment methods: PayPal, credit card, bank transfer and cash. UNITED ERA reserves the right to amend the provided payment method without prior notice.
- A purchase through the website is completed after the full payment is completed and a confirmation e-mail has been send to You. If these conditions have not been met, You may not appeal to a successful transaction.
- If and in the event the order cannot be fulfilled by UNITED ERA after having send a confirmation, UNITED ERA will discuss this with You to find a solution or comparable product. If no other option is found, UNITED ERA shall reimburse the full amount to You through the same payment method as initially used by you.
ARTICLE 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
- Our products can only be purchased online after You have created an account at the Website. UNITED ERA has the right to deregister your account if it has reasonable suspicions that your account is not used in line with article 3 of these GTCS.
- UNITED ERA may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same electronic payment method and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers (if applicable) and expiration dates, so that we can complete your transactions and contact You if needed.
ARTICLE 14 – DELIVERY (PICK UP) AND RESERVATION OF OWNERSHIP
- After a purchase online, You will have the option for pick up at the physical store or delivery. We provide the possibility to pick-up an online purchase at the store, however only when this is possibility expressly stated with the offer. If you choose for shipment of your purchase, an additional shipping fee will be applicable. The shipping fee is according to the general applicable fee as set by the carrier and will be displayed at check out.
- Pick up will be within two (2) (working) days after the online order has been completed.
- Subject to availability, UNITED ERA will do its utmost to ship the goods within a maximum of 48 hours. Delay is sometimes out of our control and therefore, time of delivery is not guaranteed.
- UNITED ERA retains the ownership of the goods up until the full payment has been completed. If credit payment methods are chosen, for which after the sale transaction is completed it appears that the credit company has denied payment due to your own credit balance, UNITED ERA remains the owner of the goods and retains the right to reclaim its property. The product becomes your property and responsibility from the point at which it is delivered at the address You have registered in your account (or to a safe place You have chosen for delivery or another person You have asked us in written to deliver it to instead of You).
ARTICLE 15 – RETURN POLICY IN STORE
- The relevant return policy is strictly applicable based on the source of purchase location: You may not appeal to the return policy applicable to online sales if the purchase has been made in the physical store and vice versa.
- We have a strict NO-return policy that is applicable to all purchases performed in our physical store. Ones the sale has been performed it cannot be made undone with retrospective effect.
- An exception to the beforementioned can be made if and in the event explicit and clear agreements have been made between us and You in exceptional cases but prior to the completion of the sale in the physical store. The decision to this exception is at all times made at the sole discretion of UNITED ERA. No claim can be made to this exception if You don’t have this agreement in writing.
ARTICLE 16 – RETURN POLICY ONLINE / RIGHT OF WITHDRAWAL (HERROEPINGSRECHT)
- If You, as a private consumer, have bought products online from UNITED ERA, You may return the good by appealing to its right of withdrawal. This notification of withdrawal must be send in written to firstname.lastname@example.org within fourteen (14) days after You have received the product. UNITED ERA will confirm your notice of withdrawal by e-mail after which You have to return the product within 14 calendar days to UNITED ERA for your own risk and account. Your return payment shall be processed within 72 hours after receipt and investigation on the returned good. Payment of the purchase price shall be returned to You via a predicted payment method.
- The right of withdrawal is not applicable on goods purchased subject to UNITED ERA acting as intermediary for a third-party.
- When You appeal to the right of withdrawal, the good must be returned via postal services in its original form and shape (not worn, all tags are still attached, in the original undamaged packaging, while still in the by us supplied certified bag as well as all relevant accessories as provided) as at delivery to You.
ARTICLE 17 – COMPLAINTS
- In the event of a complaint, You must contact us as soon as possible. The complaint must withhold a description of the nature of the complaint and if applicable, accompanied by pictures of possible damage. We aim to provide You with a response within 48 hours. We are only obliged to provide you with a solution if the complaint is a result of shortcomings from UNITED ERA as a seller and/or non-conformity of the product to be proven by You. If this is the case UNITED ERA is entitled to chose a solution (repair, return, discount or other options) at its own sole discretion.
- If the complaint is subject to a matter that is not in our hands, we cannot provide You with a solution.
- Subject to third party offers in which UNITED ERA acted as an intermediary, we cannot provide warranty on the good. An appeal on the warranty must be made directly to the manufacturer of the good.
CHAPTER 4: SALES CONDITIONS IF YOU BUY FROM THIRD PARTY SELLERS THROUGH THE WEBSITE
ARTICLE 18 – UNITED ERA AS AN INTERMEDIARY/THIRD PARTY SELLERS
- UNITED ERA also acts as an intermediary for third party sellers trough the Website. It will be made clear at the Website if products can be bought from UNITED ERA itself or from third party sellers. UNITED ERA is never a party in the purchase agreement between You and third party sellers and is never liable to You for shortcomings or defaults in products if the products are bought from a third party seller.
- The third party sellers pay a commission (7,5%) to UNITED ERA for its intermediary services. You, as a purchaser, are obliged to pay 5% of the purchase price as shipping costs to UNITED ERA. These shipping costs are non-refundable.
- If You buy a product through the Website from a third party seller please be aware of the fact that You have no right of withdrawal (herroepingsrecht).
- The purchase agreement with the buyer will be concluded at the moment the third party seller has send us a confirmation of the sale. At the moment you buy a product and pay the purchase price, we will inform the third party seller and ask him/her to confirm whether he/she is still willing to sell the product. If he/she approves the sale, we will send you a conformation e-mail at which moment the purchase agreement is concluded.
- If the third party seller is not able of willing to sell the product to you, we will try to find a new match for you and ask him/her to confirm the sale after which the product will be send to you. If there is no new match within 48 hours after you have paid the purchase price, we will return the purchase price to you at the account of which you have paid it.
- All sales conditions as mentioned in article 10, 11, 12, 13, 14 and 16 in these GTCS are applicable on behalf of the third party seller to the purchase agreement with You, unless there is a deviation from these GTCS in the articles 18 up to and including 20.
ARTICLE 19 - SHIPPING AND AUTHENTICITY CHECK
- Article 14 is also applicable on purchases from third party sellers. If it regards a good sold by UNITED ERA as an intermediary and the good is still with the third party seller the shipment will be completed within five (5) to fourteen (14) working days. We will inform You about the exact shipping time asap.
- UNITED ERA will carry out an authenticity check on all products from third party sellers as a service to You. UNITED ERA will do its utmost to do this as careful as possible but is never liable to You if it makes mistakes in this check. If You have bought and paid for a product and UNITED ERA determines after this that the product is not authentic, UNITED ERA will not send the product to you and will try to find a new match for you, as described in article 18. If there is no new match within 48 hours after you have paid the purchase price, we will return the purchase price to you at the account of which you have paid it.
- You have the right to return the product if you can prove that the product is not authentic after you have received it, despite the check by UNITED ERA, in line with the return policy as mentioned in article 20 of these GTCS.
- If UNITED ERA sees minor defects in the product during the authenticity check we will ask the third party to give a discount and inform you as soon as possible about the options you have.
ARTICLE 20 – RETURN POLICY
- If you buy a product directly from a third party seller you are only entitled to return it to UNITED ERA if the product differs in material aspects from the product photo on the Website, the size is different than the size mentioned on the Website and/or the product is materially damaged and the product is not used or worn. You can also return the product to UNITED ERA if you can prove that the product is not authentic. If You want to return a good on the basis of these requirements You need to send an e-mail within 14 days after You have received the product to email@example.com with prove and photos of your reason for return. If UNITED ERA confirms that the product is not equal to the photo on the Website, the size is different, the product is materially damaged or is non authentic and the product is not used or worn, you are entitled to return the product for your own risk and account. Shipping fees are for your account. Return without this confirmation from UNITED ERA does not give You the right to reimbursement of the purchase price.
- When You return the product, the good must be returned via postal services in its original form and shape (not worn, all tags are still attached, in the original undamaged packaging, while still in the by us supplied certified bag as well as all relevant accessories as provided) as at delivery to You. Only if all requirement in this article are met, to the sole discretion of UNITED ERA, You are entitled to a repayment of the purchase price. Paid shipping costs will never be reimbursed by UNITED ERA.
- UNITED ERA offers a resale option instead of the possibility to return the good if there are small defects. The product will be replaced online and, if sold, the fees as mentioned in these GTCS will be due by You, as a third party seller, and the buyer. This re-sale possibility via UNITED ERA is only possible if the good is new, not worn, all tags are still attached, in the original undamaged packaging and all relevant accessories as provided.
CHAPTER 5: CONDITIONS FOR THIRD PARTY SELLERS
ARTICLE 21 – KYC
- To sell products through our Website You have to register and make an account in line with the conditions as mentioned in article 3 of these GTCS. Only private persons/consumers are entitled to sell products through or Website. Business transactions are not allowed.
- To act in line with AML regulations we need to do a KYC check on each third party seller through or website. For that reason we ask You at registration to register and upload:
- a valid passport (in which You can blank your social security code);
- a recent utility bill (proof address).
- UNITED ERA will check the registration and KYC info as soon as possible after registration. UNITED ERA has the right to refuse or cancel your registration, in which case we will give You notice of this.
ARTICLE 22 –AUTHENTICITY, CONSIGMENT and RESELL METHOD
- You, as a third party seller, declare and warrant that the product(s) You offer through our Website are authentic and in the exact shape as the to be deduced from the product photo, with original labels, if possible. You are sure that You don’t infringe third party rights of others by offering your product on the Website and You are obliged to give the potential buyers non misleading and accurate information about the product.
- If your registration has been approved by UNITED ERA You can send the product to UNITED ERA (Consignment method) to speed up the sale process. All original packaging and labelling has to be included in your packaging. We will check the authenticity of the product and, if this is in order, we will place photos of the product on our Website. If the product is not authentic, at the sole discretion of UNITED ERA, we will inform you about this. If you want the product to be returned, you can do this for your risk and account and we will charge You with a cancellation fee of € 35,-.
- It is possible to keep the product with You after registration. If the product is sold You will be informed immediately by email and are asked for a confirmation. The sale is concluded after we have received your confirmation to our e-mail. If you want/are able to sell the product you must send the product within 48 hours to UNITED ERA for your own risk and account (Resell method). All original packaging and labelling has to be included in your packaging. UNITED ERA will carry out a authenticity check before it will send it to the buyer. If the product is not authentic, at the sole discretion of UNITED ERA, we will inform you about this. If you want the product to be returned, you can do this for your risk and account and we will charge You with a cancellation fee of € 35,-.
ARTICLE 23 – PAYMENT AND SERVICE FEE
- As a fee for our intermediary services You, as a third party seller, have to pay to UNITED ERA 7,5% of each sale (the Service Fee), which fee is non-refundable. This fee will be charged at the moment that the buyer has paid for the product. UNITED ERA has the right to set-off this amount against the purchase price. If, after payment, the product is not authentic, at the sole discretion of UNITED ERA, we will inform you about this. The Service fee stays due. If you want the product to be returned, you can do this for your risk and account and we will charge You with a cancellation fee of € 35,-.Purchases prices already paid by a buyer will be returned to the buyer on your behalf.
- UNITED ERA is entitled/You give UNITED ERA the power of attorney to on behalf of You collect all payments made by buyers through the Website. After the payments have been received UNITED will pay the purchase price to You within a reasonable term, minus the Service Fee. The shipping costs paid by the buyer will always belong to UNITED ERA and are non-refundable.
ARTICLE 24 – CANCELLATION AND TERMINATION BY UNITED ERA
- Cancel the sale of your product(s) through our Website is only possible if the product(s) has not been sold yet. If you withdraw your offer you have to inform UNITED ERA at: firstname.lastname@example.org.
- UNITED ERA has the right to, at all times and without notice period, terminate and deregister your account directly if it has the suspicion that there can be an AML infringement, a law infringement an infringement of rights of UNITED ERA and/or third parties by You/through your account and/or if UNITED ERA has other reasonable grounds to no longer give you access to the Website.
CHAPTER 6: LIABILITY OF UNITED ERA
ARTICLE 25 – FORCE MAJEURE
In the event of force majeure, (any circumstances that results from an act or action that is not in the power of UNITED ERA according to law, legal act, or any generally accepted view that is not for the Companies account) UNITED ERA cannot be held to its obligations. Force majeure gives no immediate ground for refund. In the event that the partially and/or entire compliance proofs to be objectively impossible due to force majeure, the purchase agreement may be partially or fully dissolved.
ARTICLE 26 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. We cannot warrant that You will sell or buy the products You need. The use of the Website is at your sole risk.
- You agree that from time to time we may remove our services/put the Website on hold for indefinite periods of time or cancel the services and/or the Website at any time, without notice to you and without any liability to pay damages to You. All products in our possession will be returned to You as soon as possible.
- UNITED ERA will do its utmost to keep the Website in its best condition and take all necessary measures possible to enable You to sell and or purchase products. UNITED ERA and its employees and all its affiliated parties are never liable to You:
- for damages and/or costs as a result of non-fulfilment of obligations under the purchase agreement with a third party seller in which UNITED ERA is only an intermediary;
- for damages and/or costs as a result of circumstances which are not the result of intentional acts or wilful recklessness of UNITED ERA;
- For damages and/or costs as a result of errors or omission on the Website;
- For damages, costs and/or losing a package as a result of a failure in transport services;
- for manufacturing defects in products offered at the Website;
- for indirect damages, such as: lost profits, lost revenue, lost savings, loss of data, replacement costs, reputation/image damages or any similar damages
- for damages and/or costs that exceed an amount more than € 500.-.
- 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.
ARTICLE 27 – ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these GTCS shall not constitute a waiver of such right or provision.
- These GTCS and any policies or operating rules posted by us on our website or any social media channel, provided to You by us in any other way or in respect to The Service constitutes the entire agreement and understanding between You and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the GTCS).
- Any ambiguities in the interpretation of these GTCS shall not be construed against UNITED ERA.
The terms of these GTCS shall be severable such that, if any term herein is held to be illegal, invalid, or unenforceable by a Court of competent jurisdiction, such holding shall not affect the viability of any of the other terms of these GTCS, unless the severing of such term would defeat the entire purpose of these GTCS, for which the concerned term shall be replaced with a legal, valid, and enforceable term.
ARTICLE 28 – GOVERNING LAW
These GTCS and any separate agreements whereby we provide You our services shall be governed by and construed in accordance with the laws of the Netherlands. If there are disputes You and UNITED ERA will try to find an amicable solution. However, any dispute arising from the use of these GTCS, may be brought to court of Oost-Brabant, location ‘s-Hertogenbosch (the Netherlands).