1. Introduction
A) Welcome to our website ("www.messyweekend.com", the "Website"). These general terms of use ("Terms of Use") govern access to and use of the Website and govern the offer, transmission and acceptance of purchase orders for products between users of the Website and MESSYWEEKEND ApS (39202247) (hereinafter "MESSYWEEKEND").
B) Please read these Terms of Use carefully. By accessing and using the Website and by purchasing products on the Website, you agree to be bound by these Terms of Use. If you do not accept all or any part of these Terms of Use, we encourage you not to use our Website. This Website is administered and maintained by MESSYWEEKEND ApS ("MESSYWEEKEND", "we" or "us") with registered office at Magstraede 10, 1204 Copenhagen K, Denmark.
C) MESSYWEEKEND may change or simply update all or part of these Terms of Use. Any change or update to the Terms of Use shall be posted to our users on the Website Home Page as soon as such changes or updates are made, and shall be binding upon you accessing the Website after they have been changed. If you do not accept all or part of the Terms of Use as changed or updated, you must not use our website.
2. Use of the website
A) Access to and use of the Website, including viewing web pages, communicating with the provider, downloading product information and purchasing on the Website, is carried out by our users solely for personal purposes, which should in no way be associated with any form of trade, business or professional activity.
B) Remember that you are responsible for your use of the website and its content. MESSYWEEKEND cannot be held responsible for users' use of the Website and its content that is not in accordance with applicable laws and regulations, without prejudice to the provider's liability for intentional acts and gross negligence.
C) You are particularly responsible for communicating information or data that is incorrect, false or concerning third parties (in the event that these third parties have not given their consent) as well as for any incorrect use of such data or information.
3. Contact
A) You can contact MESSYWEEKEND by email at hello@messyweekend.com. If you are writing regarding an order, please include your order number(s) in either the subject line or in the body of the email.
4. Orders
A) To place an order, select the products you wish to purchase on the Website and add the items to your basket by clicking on "Add to Cart". When you are ready to checkout, click on the bag icon at the top right of the screen, which will display all the products you have chosen to purchase. It is your responsibility to check that the items in your shopping cart are the correct style, colour and model before proceeding. When you are ready to proceed with your order, click on "Proceed to Checkout". The "Checkout" page will be displayed: you can then complete your purchase as a guest or as a registered customer. Once you have chosen your preferred checkout method, follow the instructions and fill in the requested information. You can pay with either a credit or debit card. You can also pay with Apple Pay, MobilePay, PayPal and Google Pay. Note: If you use our "Express Checkout" option (e.g. Apple Pay), the address associated with the account will be used as the delivery address. You will then receive an email confirming that the order has been placed correctly ("Order Confirmation Email").
B) Once the order has been placed, please note that the delivery address used for the order cannot be changed. If the shipping address is incorrect, the customer must contact the shipping company directly.
C) All orders are subject to acceptance and availability. Please note that the products in your shopping cart are not reserved and can therefore be purchased by other users until you have completed the entire checkout process and received the order confirmation email. In any case, your offer is deemed to have been accepted and the relevant purchase agreement is only valid from the moment you receive another email informing you of MESSYWEEKEND's acceptance of your order, together with a tracking number for your shipment ("Shipping Confirmation Email").
D) MESSYWEEKEND reserves the right not to accept your order at its sole discretion. In such case, MESSYWEEKEND will inform you via email about the cancellation of the order.
E) By submitting an order, you unconditionally accept and undertake to comply with these Terms of Use as well as the other policies contained in the Website.
F) Orders once placed cannot be cancelled. If a problem has occurred during payment, the customer must notify MESSYWEEKEND by phone or email to see if the problem can be fixed. MESSYWEEKEND does not encourage customers to re-place orders without first contacting MESSYWEEKEND as this may result in a double shipment. If this happens, the customer will be charged for the shipping costs.
G) If any shipping information is missing from your order (such as incorrect address, phone number, or other information necessary for shipping), MESSYWEEKEND is not responsible for shipping delays. We cannot guarantee that we will be alerted to shipping issues due to missing information.
H) Orders are processed and shipped from Monday to Friday.
I) Since pre-orders are shipped within 30 days of the order being placed, payment will be charged immediately in accordance with applicable law.
J) If a product has been discontinued, MESSYWEEKEND has the right to cancel the purchase and refund the amount paid to the customer. MESSYWEEKEND will notify the customer of a replacement or equivalent products if available.
5. Prices and payments
A) In accordance with applicable law, all prices displayed on MESSYWEEKEND websites, including VAT. The prices listed on each product page may not include all applicable taxes and duties, depending on the country of destination. If an order is shipped to a country outside the EU, you may be subject to import duties and taxes, which will be collected upon delivery. As a customer, you are responsible for paying such import duties. Import duties are usually based on the price, weight, dimensions and country of origin of the item, as well as any local taxes, duties and additional administrative fees. As duties vary from country to country, we recommend MESSYWEEKEND, however, recommends that you contact your local customs office for further information.
B) Prices are subject to change. However, such changes will not affect the price or description of the products for which you have already placed an order that has been accepted by MESSYWEEKEND, or for which you have already placed an order.
While the website is correct at the time of publication, a small number of products on our website may be mispriced.
C) Pay with your Visa, AMEX, DiscoverCard or MasterCard securely over the internet. Your payment is handled by Stripe with secure encryption and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There are no additional fees for card payments unless the customer's bank charges a fee. For payments by credit/debit card, initial conditions apply as soon as the card transaction is approved.
D) In the event that no payment has been received after you have placed your order, MESSYWEEKEND will automatically cancel your order.
E) In order to offer you Klarna's payment methods, we may transfer your personal data in the form of contact and order information to Klarna at checkout so that Klarna can assess whether you are eligible for their payment methods and customize these payment methods for you. Your transferred personal data will be processed in accordance with Klarna's own privacy notice.
6. Promo codes
A) Promo codes must be entered during the checkout process to be valid. Attempts to add a promo code after purchase will not be honored. Promo codes are not required to work on all products. Promo codes can be changed or canceled after MESSYWEEKEND's discretion.
B) If the promo code is conditional (e.g. buy X, get Y), the discount will be forfeited in the event of a return.
C) Promo codes cannot be combined.
D) Discount codes are not valid for products in the outlet collection.
7. Delivery
A) Most orders ship within 1-2 days of the order being placed. This excludes weekends and holidays. This also excludes pre-orders.
B) Pre-orders will be shipped as soon as they are booked in stock. The expected delivery date is written on the respective product pages.
C) With standard delivery you can expect a delivery time of 2-5 business days, and with express home delivery 1-2 business days. Please note: The delivery times given at check-out are indicative; longer delivery times may apply if the destination is not well or consistently connected to a major hub.
D) All orders are shipped with track and trace. Please allow up to 24 hours for tracking information to be received.
E) By becoming a customer of MESSYWEEKEND also becomes a customer of the shipping company chosen to deliver their order. If there is a problem with the shipment, the customer is responsible for contacting the shipping company directly for privacy reasons. MESSYWEEKEND cannot disclose private information (e.g. name, address, phone number, email) about a customer to shipping companies outside of the original shipping label.
F) You may be asked to sign for delivery. Before signing, inspect the package for obvious tampering. If you receive an empty package but you sign the delivery receipt and do not immediately report this to the carrier, we are not responsible for any refund or replacement. You must retain the receipt for the delivered product in case of future needs with us about it.
G) In cases where the order has been shipped, the customer is obliged to receive the order. If the customer refuses to receive their package or does not pick it up from the pickup location, the customer will be charged for return shipping costs.
H) In the event that you as a customer believe that delivery has been delayed to such an extent that you no longer wish to fulfill the order, it is your responsibility to cancel the order.
I) Orders placed in another person's name without that person's consent will be reported to the authorities. MESSYWEEKEND reserves the right to change prices, correct incorrect prices on all orders and final sales. If a price is incorrect, this may force MESSYWEEKEND to cancel the purchase and refund the amount paid in the best possible way. This can be done at any time.
8. Returns
A) Consumers have the right to return the order within 30 days of receipt of the order. This right only applies if the product and its original packaging can be returned in the same condition as when received.
a1) The consumer has the right to return the order for a refund if the return is made within 14 days of receipt of the order. Return costs will be deducted from the refund amount.
a2) The consumer has the right to return the order and receive a gift certificate ("Store Credit") for the amount or to exchange the product for another if the return is made within 30 days of receipt of the order.
B) Return shipping is not paid by MESSYWEEKEND, unless there is a documented defect in the product (see 9. Warranty).
C) You have the right to return delivered goods by requesting a return label within 30 days of receiving the goods, provided that the goods are unused and in the same condition as when you received them. After receiving a return label, you have 14 days to return the product(s).
D) The customer is responsible for the risk of transporting the returned goods to MESS WEEKEND.
E) Gift cards cannot be returned and refunded as they are a virtual product that is issued instantly.
F) Products in the outlet collection (refurbished and discontinued products) are exempt from our regular return policy and must be returned at your own expense. Once we have received the return, you will be issued a shopping voucher on messyweekend.com for the same amount as the original purchase.
G) All sales of products from exclusive collaborations are final and non-returnable. This includes MAV TM x The MESSYWEEKEND collection and BBA x The MESSYWEEKEND collection.
H) All sales of products at live events are final and cannot be returned.
I) If you return items in your order so that the order amount falls below the requirement for the freebie offer, the freebie must also be returned.
9. Warranty
A) Warranty period: 2 (two) years from the date of purchase. This warranty covers manufacturing defects on the sunglasses themselves (lenses, frames, temples, screws). Parts other than the above are not covered by this warranty.
B) If an item is defective or damaged in any way upon arrival, MESSYWEEKEND must be contacted upon discovery of the error for information on compensation. Photo/video documentation must be sent to MESS WEEKEND.
C) To obtain a replacement under this warranty, please write to us at hello@messyweekend.com. In the email, please include your name, address, order number, a detailed description of the problem and photographic evidence of the problem. Finally, write "Warranty Claim" as the subject of the email.
D) The return shipping is paid by MESSYWEEKEND in the event that the error can be proven correctly and adequately. If correct or sufficient documentation cannot be provided, the customer can return the item(s) to MESSYWEEKEND for assessment at its own expense. If it turns out that the item(s) are defective, refund MESSYWEEKEND will cover the shipping costs, repair/replace the item(s) and cover the shipping costs to send the repaired/new item(s) back to the customer. If no defect can be found, the customer is responsible for the shipping costs both to and from MESSYWEEKEND's head office.
E) When returning, please note that repair/replacement will be charged in the following cases, even during the warranty period.
i) Defects or damage caused by misuse or negligence (impacts, dents, crushing, broken lenses, broken/bent hinges, etc.)
ii) Aesthetic changes that occur during normal wear and tear and aging (scratches, etc. on the case, frame and/or lens, change in the color of the frame/temple)
iii) Defects or damage caused by unauthorized repair or modification that cannot be justified
(iv) failure or damage caused by fire or water or a natural disaster, such as an earthquake;
v) If the retail store and date of purchase are not listed on the warranty or if this information has been rewritten
vi) If the warranty is not submitted with the sunglasses.
vii) Case, frame, bag and the like can be replaced with substitutes if the originals are not available.
F) This guarantee guarantees that you can receive a free replacement in accordance with the conditions set out herein and within the period specified, and it does not limit the customer's statutory rights.
10. Use of the website
A) The Website is provided on an "as is" and "as available" basis without any representation or endorsement and we make no warranties, express or implied, in connection with it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information that you provide to us. You bear the risk associated with your use of the Internet.
B) While we will try to ensure that the material included on the Site is accurate, reputable and of high quality, we cannot accept responsibility if this is not the case. We are not responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Site, we will try to correct this as soon as we reasonably can.
C) We specifically disclaim any liability in connection with the following:
i) Incompatibility of the Website with your equipment, software or telecommunications connections;
ii) Technical problems, including errors or interruptions of the website;
iii) Unsuitability, unreliability or inaccuracy of the website; and
iv) Failure of the Website to meet your requirements.
D) To the extent permitted by applicable law, you agree that we shall not be liable to you or any third party for any consequential or incidental damages (both terms including without limitation pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenses, loss of privacy and loss of data) or other indirect, special or punitive damages of any kind arising out of or related to your use of the Site.
11. Product
A) MESSYWEEKEND has the right to adjust prices, involve additional costs and change product information, such as product images and offers without notice. The available product images and information texts reflect the product as best as possible. We reserve the right to any errors that may occur on the site and cannot guarantee that all images accurately reflect the actual appearance of the sunglasses. The images may differ depending on the color settings of your computer. All images should only be seen as illustrations and do not guarantee correct appearance and properties.
12. Complaints conditions
A) The customer has a 2-year warranty. It is important that you as a customer carefully check your goods/products when you receive your shipment to verify that the products are not damaged and correct. Both the customer and MESSYWEEKEND is subject to the terms and conditions of the respective shipping companies, so if your product is damaged during transport, regardless of whether the damage is visible or hidden, you must report this to the shipping company directly and in accordance with their T&Cs immediately after delivery.
B) MESSYWEEKEND is not responsible for replacing products that are damaged during transport if the customer does not report the damage to both us and the shipping company upon delivery of the damaged product.
C) If you receive your item and find that it is damaged or does not match the item you ordered, please contact us as soon as you discover the error.
D) Any complaints should be directed to our customer service via email: hello@messyweekend.com. Please provide the order number, reason for the complaint and photo documentation (if applicable). We will get back to you as soon as possible.
E) Defective products returned to MESSYWEEKEND, must be treated as if they were faultless. As with all returns, it is extremely important that the product is packaged in such a way that it cannot be damaged during transport. MESSYWEEKEND has the right to replace defective items with the same model. If the item is discontinued, the customer will receive a full refund or another item of equal value.
F) In the event that a returned product does not have any defects or deficiencies, send MESSYWEEKEND will return the product to the customer, and the customer is responsible for the shipping costs.
13. Responsibility
A) MESSYWEEKEND's liability for errors in connection with delivery is limited to the existing terms and conditions of sale. MESSYWEEKEND bears no direct or indirect liability - for example, but not limited to - for incompatibility, delivery delays, downtime, data loss, extra work or other financial damage.
B) We warrant to you that any product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are ordinarily supplied and that it will remain so for a period of 24 months from the date of supply.
C) Our liability for any loss you suffer as a result of our breach of this Agreement is strictly limited to the purchase price of the product you purchased.
D) This does not in any way exclude or limit our liability:
i) For death or personal injury caused by our negligence;
ii) For fraud or fraudulent misrepresentation; or
iii) For any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
E) We are not liable for indirect losses that occur as a side effect of the primary loss or damage, including but not limited to:
i) Loss of income or revenue;
ii) loss of business;
iii) loss of profits or contracts;
iv) loss of expected savings;
(v) loss or corruption of data, or
vi) waste of management or office time.
F) Regardless of how they arise and whether they are caused by tort (including negligence), breach of contract or otherwise, even if they were foreseeable.
14. Force majeure
A) MESSYWEEKEND is exempt from liability and other sanctions for performance of the contract that is prevented, hindered or delayed by circumstances beyond our control. Exemption factors include, among others, government intervention, new/changed legislation, lack of government, war, fire, flood, work disruptions, bans, restrictions, sabotage, poor transport or weather conditions or failure to deliver from suppliers, and the company is exposed to criminal activity that affects the activities.
15. Website Use Policy and Intellectual Property Rights
A) SAFETY:
It is prohibited to violate or attempt to violate the security measures of the Site, including, without limitation:
i) Using a false password or a password belonging to another user, or accessing data not intended for the user, or logging into a server or account that the user is not authorized to access;
ii) Disclose a password or allow a third party to use a password or fail to notify us if a password is compromised;
iii) Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
iv) Attempt to disrupt service to a user, host or network, including, without limitation, by means of overloading, "flooding", "mail bombing" or "crashing";
Sending unsolicited emails, including promotions and/or advertisements for products or services;
v) forging the TCP/IP packet header or part of the header information of an email or newsgroup posting; or
vi) Hijacking all or part of the content of the Website, deleting or modifying any content of the Website, inserting pop-up messages or advertisements, running or displaying this Website or content of the Website in frames or in a similar manner on another website, or linking to the Website or any page of the Website without our specific written permission.
B) GENERAL RULES:
You agree to use the Site only for lawful purposes and for your own personal, non-commercial use only. You may not use the Site to transmit, post, upload, download, distribute, copy, publicly display, store or destroy any material (a) in violation of any applicable law or regulation, (b) in a manner that infringes the copyright, patent, trademark, trade secret or other intellectual property rights of others or invades the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, harassing or hateful.
C) VIOLATIONS:
We have absolute discretion to determine whether any use violates these rules and to take such action as we deem appropriate in the event of a violation. Violations of system or network security may result in civil or criminal liability. We investigate incidents that may involve such violations and may involve, cooperate with, and disclose information to law enforcement authorities to identify and prosecute users involved in such violations.
16. Website Content
A) Unless otherwise stated, all materials, including images, illustrations, designs, icons, photographs, audio and video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials displayed as part of the Site (collectively, the "Content"), whether publicly available or privately transmitted, and all derivative works are the property of, owned, controlled, licensed to, or used with permission by MESSYWEEKEND, owner of The MESSYWEEKEND brand, and/or its parent companies, subsidiaries and affiliates (collectively "Blazar Capital") or other parties who have provided MESSYWEEKEND licensed or otherwise permitted their material to be used by MESSYWEEKEND. The Site as a whole and its contents are protected by copyright, trademark, trade mark and other laws, and all worldwide right, title and interest in and to the Site and its contents are owned by MESSYWEEKEND or used with permission. messyweekend.com, MESSY WEEKEND, MESSYWEEKEND logos and all other trademarks found on this website are trademarks of MESSYWEEKEND or is licensed or used with permission from the owner of MESSYWEEKEND. You agree not to display or use such trademarks without the prior written permission of MESS WEEKEND. MESSYWEEKEND disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than MESSYWEEKEND's own.
B) The Content of the Site and the Site as a whole are intended solely for the personal, non-commercial use of the users of the Site and may not be used in any manner other than as permitted by these Terms of Use. You may share Content from the Site using the social media links (i.e., “Share,” “Pin It,” and “Tweet”) provided on our Site. You may also share Content from the Site via email using our Email a Friend link. You may download or copy the Content and other downloadable materials displayed on the Site solely for your personal use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of such downloading, sharing, or copying. Except as provided above, you may not reproduce, republish, publish, upload, transmit, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell, or participate in the sale of, or in any way exploit the Content, Site, or related software in whole or in part, without the prior written consent of MESSYWEEKEND or the owner of the material in question. Nothing on this Site grants or shall be construed as granting any license or right to use, by implication or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of MESSYWEEKEND or the owner of such material. All rights not expressly granted herein by MESSYWEEKEND for you, is reserved MESSYWEEKEND and/or its licensors. Third party trade names, product names and logos contained on this website may be trademarks or registered trademarks of their respective owners.
C) The information presented on or through the Site is provided for general information purposes only. We may update the content on this Site from time to time, but the content is not necessarily complete or up-to-date. All material on the Site may be out of date at any time, and we are under no obligation to update such material.
17. User Content
A) The website www.messyweekend.com may contain user-generated content, such as social media applications. MESSYWEEKEND does not claim any ownership rights to the rights to such content (images, photos and videos, etc.) and assumes no legal responsibility for it. If you suspect a violation of copyright or other rights, or are otherwise offended by such content, please contact our customer service.
18. Reviews
A) If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in all media.
B) You give MESSYWEEKEND and its sublicensees have the right to use the name you submit in connection with such content if they wish.
C) You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
D) You agree to take all further actions necessary to enforce any of the above rights granted by you. MESSYWEEKEND, including execution of deeds and documents, on MESSYWEEKEND's request.
E) You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content and materials are accurate as of the date the content or materials are submitted to MESS WEEKEND.
F) The use of the content and materials that you provide does not violate any applicable MESSYWEEKEND guidelines and will not harm any person or entity (including that the content or material is not defamatory). You agree to keep MESSYWEEKEND indemnifies against all claims brought against it by a third party. MESSYWEEKEND as a result of or in connection with a breach of these warranties.
19. Links to other websites
A) To the extent that this Website contains links to external services and resources, including other websites, the availability and content of which MESSYWEEKEND does not own, operate or control, any concerns regarding such service or resource or a link thereto should be directed to the relevant external service, resource or website. All such links are provided solely as a convenience to you. If you click on these links, you will leave this website. MESSYWEEKEND makes no representations or warranties regarding and is not responsible for the content, information or other materials on or access to other websites that are not owned, operated or controlled by MESSYWEEKEND. MESSYWEEKEND. You link to this website, off-site pages or other websites at your own risk and without MESSYWEEKEND's consent.
20. Retention of title
A) All products remain MESSYWEEKEND's property until full payment has been made.
21. Fraud
A) All fraud is reported to the authorities, and MESSYWEEKEND reserves the right to cancel the purchase if suspicion arises.
22. Governing Law and Jurisdiction
A) These terms and your use of the website www.messyweekend.com are governed by Danish law. To the extent permitted by law, the Danish courts have exclusive jurisdiction to resolve any dispute arising out of or in connection with these terms and conditions of use and your use of the website, subject to MESSYWEEKEND*'s right to prosecute a user at his/her place of residence.
23. Termination
A) MESSYWEEKEND reserves the right to terminate your account and/or your use of the www.messyweekend.com website at its sole discretion. For example, if MESSYWEEKEND suspects that you have violated these Terms of Use. Such termination may occur without prior notice.
24. Changes
A) MESSYWEEKEND may revise these Terms of Use from time to time. Each time you order a product from us, the general terms and conditions in force at that time will apply to the contract between you and MESSYWEEKEND. You should therefore periodically visit this page to review the then-current terms and conditions by which you are bound.
25. T&Cs for the referral scheme
A) Subject to the terms below, you may earn "credit" for use on this Site by referring one or more new customers to us through our Referral Scheme by sharing the referral link and/or referral code that we provide to you (the "Referral Scheme"). You are only eligible to participate as a "Referrer" in this Referral Scheme if you have previously placed an order on the Site.
B) A new customer is a natural person who has not previously placed an order with us (a ""referrer""). If the referee has an account on the Website but has not previously placed an order on the Website, he/she is only eligible to participate in the referral scheme via the "referral link". If the referee already has an account on the Website, he/she cannot participate in the referral scheme using a "referral code" (regardless of whether he/she has previously placed an order or not).
C) If the referee has clicked through your referral link, the discount code will be automatically applied at checkout. If the referee uses a referral code, the referee must enter this code at checkout.
D) For the avoidance of doubt, any credit generated from the Referral Scheme may only be used on the Website and neither you nor the referrer is entitled to receive any payment of any kind in connection with the credit. The credit is not redeemable for cash. The credit held in your account under the Referral Scheme is not transferable in any way.
E) You will receive the applicable credit to your account 24 hours after the referral's order is submitted. If the referral cancels their order for any reason within 3 days of submission, you will not be eligible for credit. You will receive your credit amount in the default currency used on the Site.
F) Any credit earned through the referral scheme that has not been used within 12 months from the date of earning will expire.
G) The Referrer must place an order with a value of at least the minimum value specified on the Website from time to time.
H) All discounted products and subscription products are excluded from the referral scheme. If you participate in the referral scheme, you cannot participate in affiliate schemes, cash-back offers and/or other promotions of this nature.
I) We may, at our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or in breach of these Terms.
Privacy Policy
A) MessyWeekend ApS (" MESSYWEEKEND") is committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices to you regarding the Personal Information (as defined below) that we collect from users of our website at www.messyweekend.com ("WEBSITE") and online services ("SERVICES").
i) QUESTIONS; CONTACT US MESSYWEEKEND; REPORT OF VIOLATIONS.
If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you wish to report any security breaches to us, please contact us via our Contact Us page.
ii) USER PERMISSION.
By submitting personal data through our website or services, you agree to the terms of this Privacy Policy and expressly consent to the collection, use and disclosure of your personal data in accordance with this Privacy Policy.
iii) A NOTE ABOUT CHILDREN.
We do not knowingly collect Personal Information from visitors under the age of 13. If a child under the age of 13 submits Personal Information to MESSYWEEKEND and we learn that the Personal Information is information about a child under the age of 13, we will attempt to delete the information as soon as possible. If you believe we may have Personal Information from a child under the age of 13, please contact us at hello@messyweekend.com.
iv) A note to users outside the United States.
If you are a user of the Site outside the United States, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes set forth in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where the laws regarding the processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such processing and transfer.
v) TYPES OF DATA WE COLLECT.
"PERSONAL DATA" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, and any other non-public information about you that is associated with or linked to any of the above data. "ANONYMOUS DATA": data that is not associated with or linked to your personal data; anonymous data does not, by itself, allow for the identification of individual persons. We collect personal data and anonymous data as described below:
vi) Information that you provide to us.
If you create an account by registering directly with us, we will ask you for your name, email, and password. When you order goods, we collect the information necessary to process your order, such as your shipping, billing, and payment information. If you provide us with feedback or contact us by email, we will collect your name and email address, as well as any other content in the email, in order to send you a response. When you post content on our Services, such as a review, the information in your post will be stored on our servers and will be visible to other users, along with your first and last name. The information you provide will be visible to others, including anonymous visitors to the Site. We may also collect personal information in other places on our Site and Services where it is stated that personal information is being collected.
vii) INFORMATION YOU PROVIDE TO FACEBOOK, GOOGLE AND OTHER SOCIAL NETWORKING SITES.
The Services allow users to register for an account and log in through social networking sites such as Facebook and Google (each, an “SNS”). By registering or logging in through an SNS, you grant the Services access to your information and you agree to the SNS’s terms of use and privacy policy in connection with your use of such services. We may receive information from the SNS to facilitate your creation of an account with us. Any information we collect from your SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data protection practices.
viii) INFORMATION OBTAINED VIA TECHNOLOGY.
Information Collected by Our Servers. To make our website and services more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, your operating system, your Internet Protocol ("IP") address (a number automatically assigned to your computer when you use the Internet and which may vary from session to session), your domain name, and/or a date/time stamp of your visit.
a) Log files
As is the case with most websites, we automatically collect certain information and store it in log files. This information includes IP addresses, browser type, Internet Service Provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the website, track users' movements around the website, gather demographic information about our user base as a whole, and better tailor our services to our users' needs. For example, some of the information may be collected so that when you visit the website or services again, they will recognize you, and the information may then be used to display advertising and other information relevant to your interests. Except as noted in this Privacy Policy, we do not associate this automatically collected information with personal data.
b) Cookies
Like many online services, we use cookies to collect information. "COOKIES" are small pieces of information that a website sends to your computer's hard drive while you visit the site. We may use both session cookies (which expire when you close your web browser) and persistent cookies (which remain on your computer until you delete them) to provide you with a more personalized and interactive experience on our site. This type of information is collected to make the site more useful to you and to tailor your experience with us to meet your particular interests and needs.
c) Pixel Tag
We also use "PIXEL TAGS" (also known as clear GIFs, web beacons or web bugs). Pixel Tags are small graphic images with a unique identifier that perform the same function as cookies and are used to track web users' movements online. Unlike cookies, which are stored on a user's hard drive, pixel tags are invisibly embedded in web pages. Pixel Tags also allow us to send emails in a format that the user can read, and they tell us whether emails have been opened so that we can ensure that we only send messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not associate the information collected by Pixel Tags with our users' personal information. Do Not Track Signals. We do not currently respond to "do not track" signals from web browsers.
d) Flash ISOs
When we post videos, third parties may use local shared objects, known as "FLASH COOKIES", to store your preferences for volume control or to customize certain video features. Flash cookies differ from browser cookies due to the amount and type of data they store and how the data is stored. The cookie management tools provided by your browser do not remove Flash cookies. Click here to learn how to manage your privacy settings and Flash cookie storage: IF YOU WANT TO CHANGE YOUR COOKIES AND FLASH COOKIES SETTINGS, YOU CAN CLICK: HTTP://WWW.MACROMEDIA.COM/SUPPORT/DOKUMENTATION/EN/FLASHPLAYER/HELP/SETTINGS_MANAGER07.HTML.
e) Analysis services
We use third-party analytics services ("ANALYTICS SERVICES") to help analyze how users use our website. The information generated by cookies or other technologies about your use of our website ("ANALYTICS INFORMATION") is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer Analytics Information to third parties if required to do so by law or if such third parties process Analytics Information on their behalf. Each Analytics Service's ability to use and share Analytics Information is limited by the applicable Analytics Service's terms of use and privacy policy. By using our website, you consent to the Analytics Services processing information about you in the manner and for the purposes set out above. For a complete list of Analytics Services, please contact us at hello@messyweekend.com
ix) INFORMATION OBTAINED FROM YOU ABOUT OTHERS.
If you decide to invite a third party to create an account and/or purchase our goods, we will collect your and the third party’s contact information for the purpose of sending a message to the third party and following up with the third party. We rely on you to obtain any consents from the third party that may be required by law in order for us to collect such information and contact the third party as described in the preceding sentence. You or the third party may contact us at hello@messyweekend.com to request removal of this information from our database.
x) INFORMATION OBTAINED FROM THIRD PARTY COMPANIES.
We may receive personal and/or anonymous data about you from certain third parties, such as demographic information from Facebook tools. We may add this information to the information we have already collected from you through our website to improve the services we provide.
xi) USE OF YOUR PERSONAL INFORMATION
a) GENERAL USE: In general, the Personal Information you submit to us is used either to respond to requests you make or to help us serve you better. We use your Personal Information in the following ways:
1. Facilitate the creation of and secure your account on our network;
2. Identify you as a user in our system;
3. Provide improved administration of our website and services;
4. Provide the services you request;
5. Improve the quality of experience when you interact with our website and services;
6. Send you a welcome email to verify ownership of the email address provided when your account was created;
7. Send you administrative email messages, such as order confirmations, order status updates, security or support and maintenance messages;
8. Respond to your inquiries regarding employment opportunities or other requests;
9. Send newsletters, surveys, offers and other promotional materials in connection with our services and for other marketing purposes for MESSY WEEKEND;
10. To allow you to participate in interactive features of our Service when you choose to do so; and
11. In any other way specified on our website or services
b) Creation of anonymous data:
We may create anonymous data records from personal data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze query and usage patterns so that we can improve the content of our services and improve navigation on the site. We reserve the right to use anonymous data for any purpose and to disclose anonymous data to third parties at our sole discretion.
c) TRANSFER OF YOUR PERSONAL DATA:
We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.
When you post comments on our site, you will be identified by your first and last name. Please note that any personal data that you provide in a public area of the site will be publicly visible. Once this information is publicly displayed, it may be collected and used by others. We cannot control who reads your posts or what other users may do with the information that you voluntarily post, so it is very important that you do not include data such as private contact information that you do not want to make publicly available in your posts. Once you have posted information, you can still edit and delete it on the site, but you cannot edit or delete such information that others (e.g. search engines) cache, collect and store elsewhere (e.g. search engines).
d) TIRD PARTY SERVICE PROVIDERS:
Our online retail store is hosted by Shopify. You acknowledge and agree that your use of the Service may include your Personal Data being transferred to and stored by Shopify in accordance with their Privacy Policy at https://www.shopify.com/legal/terms. We may also share your Personal Data with other third-party service providers to: provide you with the Services that we offer to you through our Site; conduct quality assurance testing; facilitate account creation; provide technical support; and/or provide other services to MESS WEEKEND.
e) AFFILIATES:
We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures or other companies under common control ("AFFILIATES"), in which case we will require our affiliates to comply with this Privacy Policy.
f) GROUP RESTRUCTURING:
We may share some or all of your Personal Information in connection with or during the negotiation of a merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, disposition or transfer of all or a portion of our business or assets. In the event of insolvency, bankruptcy or receivership, Personal Information may also be transferred as a business asset. If another company acquires our business, business or assets, that company will own the Personal Information we have collected and will assume the rights and obligations with respect to your Personal Information as described in this Privacy Policy.
g) SOCIAL NETWORKING SITES:
Our Services enable you to submit content to social networks. If you choose to do so, we will provide information to such social networks in accordance with your choices. You acknowledge and agree that you are solely responsible for your use of these sites and that it is your responsibility to review the terms of use and privacy policies of the third-party provider of such social networks. We will not be responsible or liable for: (i) the availability or accuracy of such social networks; (ii) the content, products or services on or availability of such social networks; or (iii) your use of such social networks.
h) OTHER STATEMENTS:
Regardless of the choices you make regarding your Personal Information (as described below), MESSYWEEKEND discloses Personal Data if MESSYWEEKEND believes in good faith that such disclosure is necessary (a) in connection with a legal investigation; (b) to comply with applicable laws or to respond to subpoenas or orders served on us. MESSYWEEKEND has been served for; (c) to protect or defend the rights or property of MESSYWEEKEND or users of the Site or Services; and/or (d) to investigate or help prevent violations or potential violations of the law, this Privacy Policy, or our Terms of Use.
xii) THIRD PARTY PAYMENT PROCESSING
For online payments and/or Automated Clearing House (ACH) withdrawals, we use Adyen (https://www.adyen.com/) and PayPal (http://www.paypal.com) as payment services. We do not process, record, or store your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy of such information, please refer to https://www.adyen.com/policies-and-disclaimer/privacy-policy and https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
xiii) THIRD PARTY WEBSITES
Our website may contain links to third-party websites. When you click on a link to another website or location, you leave our website and go to another website, and another entity may collect personal or anonymous data from you. We have no control over, do not review, and cannot be responsible for these external websites or their content. Please note that the terms of this Privacy Policy do not apply to these external websites or content, or to any collection of your personal data after you click on links to such external websites. We encourage you to read the privacy policies of all websites you visit. Links to third-party websites or locations are provided for your convenience and do not imply that we endorse such third parties or their products, content, or websites.
xiv) YOUR INFORMATION CHOICES
You have several choices regarding the use of information on our service:
a) EMAIL COMMUNICATIONS:
We will periodically send you free newsletters and emails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us, and you will have the opportunity to “opt out” by following the unsubscribe instructions in the email you receive or by contacting us directly (see contact information above). Notwithstanding your stated email preferences, we may send you service-related communications, including notices of updates to our Terms of Use or Privacy Policy.
If at any time you decide that you no longer wish to accept cookies from our Service for any of the purposes described above, you may instruct your browser to no longer accept cookies or to prompt you to accept a cookie from the websites you visit before accepting a cookie by changing the settings in your browser. Please see your browser's technical information. However, if you do not accept Cookies, you may not be able to use all parts of the Service or all functionality of the Service. If you have any questions about how to disable or change Cookies, please contact us at the contact information provided above.
b) TERMINATION OF SNS:
Please refer to the SNS's privacy settings to find out how you can adjust our permissions and control the interactivity between the Services and your social media account.
c) MODIFICATION OR DELETION OF YOUR PERSONAL DATA:
You can change all of your personal data in your account by contacting hello@messyweekend.com. You may request that we delete your Personal Data and we will use commercially reasonable efforts to comply with your request, but please note that we may be required to retain such information and not delete it (or to retain such information for a specific period of time, in which case we will only comply with your request for deletion once we have satisfied such requirements). When we delete information, it is deleted from the active database, but it may remain in our records. We may also retain your information for fraud or similar purposes.
d) CHANGES TO THIS PRIVACY POLICY:
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on our website and we will change the “Last Updated” date. You should regularly consult this Privacy Policy to review any changes.
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