Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Soft BY MA (“Soft BY MA”, “we”, “us”, or “our”). Soft BY MA operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated shopping experience.
Soft BY MA is powered by Shopify Inc. (“Shopify”), which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services and outline your rights and responsibilities.
PLEASE READ THESE TERMS CAREFULLY, as they contain important information regarding your legal rights, limitations of liability, and disclaimers.
By visiting, browsing, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
Nothing in these Terms limits or excludes mandatory rights granted to consumers under applicable law, including Dutch and European Union consumer protection laws.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your jurisdiction, or that you have obtained appropriate parental or guardian consent.
You may be required to provide personal information, including your name, email address, billing details, payment information, and shipping address. You warrant that all information provided is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Accounts may not be transferred, sold, or assigned.
We reserve the right to suspend or terminate accounts where misuse, fraud, or violation of these Terms is suspected.
SECTION 2 – PRODUCTS AND REPRESENTATIONS
We make reasonable efforts to display product colors, fabrics, and details as accurately as possible. However, variations may occur due to screen settings, lighting, photography, manufacturing processes, or natural material differences.
Minor variations in appearance are not considered defects.
All product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue products or limit quantities.
Nothing in this section limits your statutory rights regarding product conformity under applicable law.
SECTION 3 – ORDERS AND PURCHASES
By placing an order, you submit an offer to purchase products from us. We reserve the right to accept, reject, cancel, or limit orders for legitimate reasons, including suspected fraud or unauthorized activity.
Orders are only accepted once payment has been successfully processed and confirmation has been issued.
Once accepted, orders cannot be modified. Cancellation after shipment is subject to our Refund Policy and applicable statutory withdrawal rights.
Returns and exchanges are governed by our Refund Policy.
Purchases are for personal, non-commercial use only.
EU Consumer Rights
If you are a consumer residing in the European Union, you benefit from mandatory statutory rights, including your right of withdrawal under the EU Consumer Rights Directive, as described in our Refund Policy. Nothing in these Terms limits those rights.
SECTION 4 – PRICING AND BILLING
Prices are subject to change without notice. The price charged will be the price displayed at checkout at the time of purchase.
For customers within the European Union, prices are displayed inclusive of VAT where applicable.
For customers outside the European Union, import duties, taxes, and customs fees may apply and are the responsibility of the customer.
Shipping fees are calculated at checkout unless otherwise stated.
You agree to provide accurate and current payment information and authorize us to charge your selected payment method.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs authorities, weather conditions, labor disruptions, or events beyond our reasonable control.
For consumers, risk of loss transfers upon delivery of the goods to you or to a person designated by you.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, logos, text, images, graphics, videos, and design elements, is owned by Soft BY MA or its licensors and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or commercially exploit any content without prior written consent.
“Soft BY MA” and associated branding are trademarks of Soft BY MA. Unauthorized use is prohibited.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools or services on an “as is” and “as available” basis. We are not responsible for third-party tools, services, or content.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites. We are not responsible for their content, policies, or practices. Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Soft BY MA is powered by Shopify, which provides the ecommerce infrastructure. However, all purchases are made directly with Soft BY MA.
Shopify is not responsible for transactions between you and Soft BY MA.
SECTION 10 – PRIVACY
Your use of the Services is subject to our Privacy Policy. Information may be processed and stored outside your country of residence in accordance with applicable data protection laws.
SECTION 11 – FEEDBACK AND SUBMISSIONS
Any feedback, suggestions, or reviews submitted to us grant us a worldwide, perpetual, royalty-free license to use such content for lawful business purposes.
You represent that you own or control all rights to your submissions.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders where necessary, including after submission.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, abusive, fraudulent, or harmful purposes, including intellectual property infringement, harassment, data scraping, or interference with system security.
Violation may result in termination of access.
SECTION 14 – TERMINATION
We may suspend or terminate access to the Services where there is violation of these Terms. Obligations incurred prior to termination survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, and without limiting mandatory consumer rights under Dutch or EU law, the Services and products are provided “as is” and “as available.”
We do not guarantee uninterrupted or error-free operation of the Services.
Nothing in this section excludes or limits statutory guarantees of conformity applicable to consumers under EU law.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Soft BY MA shall not be liable for indirect, incidental, consequential, special, or punitive damages.
Our total liability shall not exceed the amount paid by you for the product giving rise to the claim.
Nothing in these Terms excludes or limits liability for death, personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Soft BY MA from claims arising from your breach of these Terms or misuse of the Services.
This indemnification obligation does not apply to consumers to the extent prohibited by applicable law.
SECTION 18 – FORCE MAJEURE
We are not liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, pandemics, supply chain disruptions, labor disputes, or governmental actions.
SECTION 19 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in effect.
SECTION 20 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Soft BY MA.
SECTION 21 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign them as part of a business transfer or restructuring.
SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Netherlands.
If you are a consumer residing in the European Union, you may also benefit from mandatory provisions of the law of your country of residence.
Disputes shall be submitted to the competent courts of Rotterdam, the Netherlands, unless mandatory consumer law provides otherwise.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of updated Terms.
SECTION 24 – BUSINESS INFORMATION
Soft BY MA is a business established in Cuijk, the Netherlands.
Contact email: support@softbyma.com
Chamber of Commerce (KvK) number: 99942631
VAT number: NL005420049B59
