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GENERAL TERMS – LADYBIRD WEDDING DRESS DESIGNER

General Terms and conditions about the use of the website & app and the terms governing the user’s procurement of the products and services.

Version December 10, 2020

1. DISCLAIMER

The company Lady Bird BV. (hereinafter referred to as Ladybird) established under Dutch law, with registered office at Handelsweg 11, 1271 EJ in Huizen, registered in Chambre of Commerce nr 32064655 informs you that it is the owner of the website www.ladybird.nl/en  (hereinafter referred to as the “Website”).

Ladybird provides the Website to Internet users so that they can learn about Ladybird, its products and services, purchase products and acquire the services available on the Website

2. PURPOSE AND SCOPE OF THE TERMS OF USE

By accessing the Web or the App, you assume the status of user (hereinafter, the “User”). Together with the Terms of Purchase, the Privacy Policy and the Cookies Policy, these terms of use (hereinafter the “Terms of Use”) govern the use made of the Web and the App by the User, the User’s procurement of the products and services offered by Ladybird and the relationship between Ladybird and the User.

Specifically, these Terms of Use govern the use of the Web and the App by the User and the terms governing the User’s procurement of the products and services offered by Ladybird via the Web and the App. These Terms of Use shall always be available to you on the Web and the App so you can consult, file or print them at any time.

For any issue relating to how Ladybird processes your personal data or the cookies it uses, please see our Privacy Policy and our Cookies Policy. Both policies shall also be at your disposal on the Web and the App so you can consult, file or print them at any time.

3. ACCESS TO THE WEB AND THE APP

Access to the Web and the App, as well as the downloading of the latter, is free except for the part concerning the connection cost of the telecommunications network provided by the access provider the User has contracted.

By accessing the Web and the App, the User declares she is of legal age and has the necessary legal capacity to procure the products and services offered on the Web and the App in accordance with these Terms of Use, which she also represents, she understands and accepts in full.

The User can freely browse the public or accessible parts of the Web and the App and access them as many times as she wishes without having to register. However, to contract some of the services available on the Web and the App, the User may have to register.

4. TERMS OF USE OF THE WEB

As a User, you agree to use the Web in accordance with these Terms of Use, good faith and prevailing legislation. You also represent and warrant that you are of legal age and understand these Terms of Use.

The procurement of products and services through the Web by persons under legal age is strictly prohibited. In this regard, Ladybird reserves the right to verify the truthfulness of the data provided by Users, especially their age. Ladybird refutes all liability for persons who breach these Terms of Use, applicable legislation or who are under legal age.

Furthermore, any use made of the Web or any of the features provided therein, including for these intents and purposes organized by Ladybird, by the User that is fraudulent, abusive, unlawful or contrary to good faith is expressly prohibited.

In any case, the User shall not:

  1. Reproduce, distribute, publish, transform or modify the Web or any of their contents, including these Terms of Use, regardless of the purpose of such use, without prior written authorisation from Ladybird.
  2. Enter in the Web or the corresponding network data programs capable of causing damage to Ladybird’s IT systems, those of its suppliers or third parties.
  3. Perform any activity that is illegal, fraudulent, contrary to these Terms of Use, prevailing legislation and/or good faith or that prevents and/or hinders the proper use of the Web or their contents.
  4. Insert on third-party websites, platforms, forums, chats, blogs or social media any link that makes it possible to link or reproduce the Web or the contents thereof with said third-party websites, platforms, forums, chats, blogs or social media, unless the link points directly to the home page of the Web and cannot reproduce it in any way.
  5. Link to or reproduce the Web or their contents from third-party websites, platforms, forums, chats, blogs or social media that are unlawful, offensive or against human dignity, fundamental rights or Ladybird itself and/or are likely to be considered criminal.
  6. Insert and/or publish on the Web content that violates human rights and personal dignity, such as racist, xenophobic or pornographic content or content involving the advocacy of terrorism.

5. SPECIAL PROMOTIONS AND COMPETITIONS

In order to retain Users, attract new users or promote certain products, Ladybird may organise various promotions and competitions on the Web.

In each case, Ladybird shall regulate the terms of participation in the various competitions and promotions by means of the appropriate legal terms and conditions. In any case, Ladybird unilaterally reserves the right to modify the terms of any promotion or competition it organises and to review, retain the prize(s), temporarily suspend and/or permanently cancel, without notice and without the right to compensation, any promotion or competition it organises.

Ladybird also unilaterally reserves the right to revise, temporarily suspend and/or permanently cancel, without notice and without compensation, any user account in which it detects signs of participation in promotions and/or competitions that is fraudulent, illegal or contrary to these Terms of Use, law and/or good faith by the User of the said account.

6. USER SUPPORT

Users can contact Ladybird to solve any problem or incident or answer any questions they may have through the Customer Service, if you have any question, please contact us using our contact form.

7. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Web and their contents are subject to protection under prevailing national legislation on Industrial and/or Intellectual Property. Ladybird is the owner or has duly licensed all the Industrial and Intellectual Property rights for the Web and their contents.

All forms of reproduction, distribution, publication, transformation, making available and, in general, any other act of exploitation, for commercial or other purposes, of the Web or their contents are prohibited without the express prior consent of Ladybird.

Ladybird reserves all the Industrial and Intellectual Property rights over the Web and their contents. In no case and under no circumstances shall access to the Web, the downloading of the latter or the browsing or use of both constitute or imply an assignment of any kind by Ladybird of its Industrial and/or Intellectual Property rights over the Web or their contents.

By reproducing, disseminating, publishing, sharing or sending the User any content on or through the Web or any platforms, forums, social media, applications or websites to which Ladybird has access, the User guarantees Ladybird that she is the legitimate owner thereof or holds the image rights, Industrial and/or Intellectual Property Rights or any other rights necessary for the use, reproduction and publication thereof. Furthermore, when reproducing, disseminating, publishing, sharing or sending any content, regardless of its nature or content, on or via the Web or any platforms, forums, social media, applications or websites to which Ladybird has access, you irrevocably assign to Ladybird, non-exclusively and free of charge for the entire world until the works become public, all the intellectual property exploitation rights for such content in all forms, including the right to sub-license said rights to third parties for profit.

8. RESPONSIBILITIES

The User must use the Web and their contents as provided in these Terms of Use, prevailing legislation and in accordance with good faith. Any use of the Web, or their contents contrary to these Terms of Use, the law or good faith is expressly prohibited regardless of whether or not such use is for profit.

Use of or participation by the User in any promotion or competition organised by Ladybird that is fraudulent, abusive and/or contrary to these Terms of Use, the law and good faith is strictly prohibited Furthermore, multiple registrations by the same user on the Web using different email accounts is strictly prohibited.

The User shall be liable for any loss or damages caused to Ladybird or third parties arising directly or indirectly from any use of the Web or their contents that is contrary to these Terms of Use, law, moral decency, public order or good faith.

Ladybird requires third-party services to make the Web and their contents accessible. Despite the efforts made by Ladybird to keep the Web available and accessible, the availability thereof may be suspended, interrupted or cancelled for reasons beyond Ladybird’s control. Therefore, Ladybird does not guarantee the absence of errors or interruptions in access to the Web or their contents or that they are updated or displayed in their latest version. Consequently, Ladybird refutes all liability for damages caused to the User as a result of the suspension, interruption, lack of continuity, network crashes or disconnection of the Web.

In no case and under no circumstances shall Ladybird be liable for damages caused to the user not attributable to the former, such as, by way of example, natural disasters, force majeure or extreme urgency, virus, harmful components, browser malfunction, computer intrusions or attacks by third parties.

With regard to the social media buttons on the Web Site, Ladybird hereby informs you that these buttons are linked to online services managed by third parties, also used by other users. Therefore, Ladybird is solely and without exception liable for its own contents.

9. LINKS

The websites, platforms, forums, chats, blogs or third-party social media that link to the Web must clearly inform users that they do not have the authorization or supervision of Ladybird and that such link does not imply, suppose or involve any form of association between Ladybird and the websites, platforms, forums, chats, blogs or third-party social media that link to the Web.

In any case, any link targeting the Web must point directly to the home page or start page of the website by means of a click to the URL of the web, covering the entire homepage screen or the start page of the Web.

In no case and under no circumstances shall Ladybird be liable for the content, information or data about the Web, their content or any other matter contained on the websites, platforms, forums, chats, blogs or third-party social media that link to the Web.

Linking to the Web from websites, platforms, forums, chats, blogs or social media that are contrary to the law, moral decency and good faith is expressly prohibited, especially those with pornographic or illegal content or content that violates human rights.

However, the Web may contain links to websites, platforms, forums, chats, blogs or third-party social media. Despite our efforts, Ladybird does not have the human and/or technical means of knowing or controlling the information and/or content appearing on third-party websites. Accordingly, under no circumstances shall Ladybird be liable for the content of linked sites and under no circumstances may it be considered that Ladybird is aware of the content of the linked sites. Should you realise that the websites, platforms, forums, chats, blogs or third-party social media to which the links on the Web or the App point are illegal, you may inform Ladybird by email to the support centre with the following information:

  • Personal and contact details of the user filing the complaint: name, address, phone number, email.
  • Copy of your identity document (national identity document or passport)
  • Identification and full description of the allegedly illegal content or alleged unlawful use of a particular content:
    • Precise and specific indication of the protected content and its location.
    • What the alleged illegal content or illegal use of the content comprises.
    • Whether or not the user filing the complaint owns the content used illegally
  • Declaration signed under the responsibility of the User filing the complaint, stating that:
    • The information contained in the complaint is accurate and truthful.
    • He/she is the legitimate owner of the violated content or, if not, is duly authorized to act on behalf of the legitimate owner of the violated content.

10. DATA PROTECTION AND COOKIES

As stated in our Privacy Policy, when using the Users’ data, Ladybird is committed to respecting their confidentiality and to using it for the purpose of the file, as well as to comply with its obligation to keep the data and adopt all measures to prevent the alteration, loss, processing or unauthorized access thereof in accordance with prevailing laws on personal data protection.

For more information about the Ladybird Privacy Policy, please read our Privacy Policy and our Cookies Policy.