The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (‘the Works’), is the exclusive property of Unzipped or its content suppliers, and is protected by European and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
The mark of unzipped, indicated on the Site, is a registered trade mark of Unzipped in The Netherlands and other countries. The mark may not be used, in any way, without the prior written permission of unzipped. Unzipped grants You a limited, non-exclusive, revocable license to:
access, use, and download the Works contained in the Site solely for non commercial and personal purposes;
access and use the Site solely for non-commercial and personal purposes; and
if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of ), is strictly prohibited.
Unzipped does not target as customers, or solicit data from, persons under the age of eighteen (18) years (‘Children’ or ‘Child’). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
Unzipped may invite (‘Invitation’) You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site (particularly to the ‘Customers Gallery’ and ‘Bikini Competition’ sections of the Site).
Upon the Invitation of Unzipped, You may submit Material to the Site, provided that such Material:
is not defamatory, obscene, threatening, pornographic, or offensive;
does not violate any applicable law, including communications that would give rise to criminal or civil liability; does not advocate any illegal activity;
does not infringe the intellectual property rights of any third party;
does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’.
Unzipped shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Unzipped nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions. In consideration for Unzipped granting You an opportunity to submit Material to the Site, You hereby agree that:
such Material is non-confidential; and
by submitting such Material, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Unzipped, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
You warrant and represent that:
any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Unzipped, free from any claim by any person;
You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Unzipped in perpetuity, without any requirement for Unzipped to make any payment to You or such third parties, and can provide any written evidence of this to Unzipped on request;
You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Unzipped rights to use the Material;
as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Unzipped ;
You will enter into any formal written documentation if required by Unzipped, to formalize Your assignment of all rights in the Material to Unzipped; and
You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
At the ‘online-store’ section of the Site Unzipped.
advertises certain products for sale (‘Product’ or ‘Products’); and
lists the price for each Product (‘Purchase Price’).
You can make an offer (‘Offer’) to purchase a Product or Products from Unzipped at the relevant Purchase Price, by:
accessing the online-store;
selecting the Product or Products with respect to which you wish to make an Offer, and clicking the ‘add to cart’ button;
inserting the ‘quantity’ of the Product or Products that you require, and clicking the ‘checkout’ button;
selecting the ‘Shipping Destination’ that you require and clicking the ‘next’ button;
selecting the ‘Shipping Method’ that you would prefer and clicking the ‘next’ button;
completing the ‘Customer Details’ Form and clicking the ‘next’ button; and
providing your ‘Payment Details’ at the section of the Site and clicking the ‘continue’ button.
An agreement (‘Agreement’) exists between You and Unzipped, for you to purchase from Unzipped the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
the Acceptance; and
the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If Unzipped owes money to You under one Agreement, Unzipped may set-off that money against any money that it owes You under another Agreement.
Unzipped will deliver the Product or Products to You:
at the address for delivery (‘Delivery Address’) provided by You in the Customer Details Form in the Offer;
by way of the Shipping Method selected by You in the Offer;
at the price (‘Shipping Price’) that corresponds with the Shipping Method selected by You in the Offer; and
within a time that is, at the discretion of Unzipped, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorized to receive the Product or Products.
Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.
If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, Unzipped will exchange (‘Exchange’) to You for the Product or Products, provided:
You return the Product or Products in new condition with the tags attached, and with all information Unzipped will need in order to correctly Exchange the Product or Products (including invoice number, name, address, and your requirements);
to the address described in Clause 17;
sixty (60) days from the date the Agreement is made, if the Delivery Address is outside The Netherlands; or
(ii) fourteen (14) days from the date the Agreement is made, if the Delivery Address is inside The Netherlands
The Shipping Price is not refundable.
There will be no Shipping Price for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
registered post, if the Delivery Address is inside The Netherlands; or
airmail, if the Delivery Address is outside The Netherlands; or
courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).
You must not:
engage in the business of re-selling, distributing and/or supplying to any third party, whether through a web site or any other means, any Product/s that You have purchased from Unzipped pursuant to an Agreement; and
represent Yourself as Unzipped or as an agent or sub-contractor of Unzipped, by making any unauthorized use of any trade mark and/or copyrights owned by Unzipped or by any other means.
Unzipped is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Unzipped intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
Unzipped makes no representations whatsoever about any other web sites which You may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that Unzipped endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.