1. Introduction
A) Welcome to our website ("www.messyweekend.com", the "Website"). These General Terms of Use (the "Terms of Use") govern the access to and use of the Website, and regulate the offer, transmission and acceptance of purchase orders relating to products between the users of the Website and MessyWeekend ApS (39202247) (hereinafter “MessyWeekend”).
B) Please read these Terms of Use carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms of Use. If you do not agree to all or part of these Terms of Use, we invite you not to use our Website. This Website is managed and maintained by MessyWeekend ApS ("MessyWeekend", "we", or "us") with registered office in Nikolaj Plads 26, 1067 Copenhagen K, Denmark.
C) MessyWeekend may amend or simply update all or part of these Terms of Use. Any amendment or update of the Terms of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Terms of Use as amended or updated, please do not use our Website.
2. Use of the Website
A) The access to and use of the Website, including display of web pages, communication with provider, downloading product information and making purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity.
B) Remember that you will be liable for your use of the Website and its contents. MessyWeekend shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to provider's liability for intentional torts and gross negligence.
C) In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
3. Contact
A) You can contact MessyWeekend via email at hello@messyweekend.com. If you are writing regarding an order, you must supply your order number(s) in either the subject line or the body of the email.
4. Orders
A) To place an order you shall select the products you desire to purchase on the Website and add the items to your cart by clicking on "Add to Cart". Once you are ready to checkout, click on the Bag Icon at the top right of the screen, which will display all of the Products you have selected to purchase. It is your responsibility to check that the items in your cart are the correct style, color and model before proceeding. Once you are ready to proceed with your order, click on “Go to Checkout". The "Checkout" page will be shown: you can then finalize the purchase as a guest or as a registered customer. After choosing your preferred checkout method, follow the instructions and fill in the information requested. You may pay with either credit or debit cards. You can also pay with Apple Pay, MobilePay, PayPal, and Google Pay. Note: If you use our "Express Checkout" (e.g. Apple Pay) option, the address attached to the account will be used as the shipping address. You will then receive an e-mail confirming that the order has been correctly placed ("Order Confirmation Email”).
B) Once the order has been placed, please note that the shipment address used for the order cannot be changed. If the shipping address is incorrect, the customer must contact the shipping carrier directly.
C) All orders are subject to acceptance and availability. Please be aware that the products in your cart are not reserved and can therefore be purchased by other users until you complete the whole checkout process and receive the Order Confirmation Email. In any event, your offer shall be deemed as accepted and the relevant contract of sale is effective only from the moment when you receive a second email informing you about the acceptance by MessyWeekend of your order, along with a tracking number for your shipment (“Shipping Confirmation Email”).
D) MessyWeekend reserves the right not to accept your order at its own discretion. In such case, MessyWeekend will inform you by email of 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 with the other policies contained in the Website.
F) Orders, once placed, cannot be canceled. If an issue occurred during payment, the customer shall notify MessyWeekend by phone or email to see if the issue can be rectified. MessyWeekend does not encourage customers to re-place orders without first contacting MessyWeekend, as this could lead to a double shipment. If this occurs, the customer will be charged for shipping costs.
G) If some shipping detail is missing in your order (as incorrect address, phone number, or further information needed for the shipment), MessyWeekend is not responsible for the delay in shipment. We cannot guarantee that we will be alerted to issues with shipment due to missing information.
H) Orders are processed and shipped from Monday to Friday.
I) As preorders are shipped within 30 days of when the order is placed, payment is captured right away, in accordance with the applicable legislation.
J) If a product has been discontinued, MessyWeekend has the right to cancel the purchase and refund the paid amount to the customer. MessyWeekend will notify the customer of a replacement or equivalent products, if available.
5. Prices and Payments
A) In accordance with the applicable legislation, all prices displayed on the MessyWeekend websites are including VAT. The prices indicated on each product page may not be inclusive of all applicable taxes, depending on the Country of destination. If an order is shipped to a non-EU country, you may be subject to import duties and taxes, which will be collected upon delivery. As a customer, you will be responsible for payment of such import charges. Import charges are normally based on the item’s price, weight, dimensions, and country of origin, as well as any local taxes, duties, and extra administration fees. However, as charges vary across countries, MessyWeekend advises you to contact your local customs office for further information.
B) Prices are subject to changes. However, such changes will not impact the price, or the description of the products for which you have already submitted an order accepted by MessyWeekend.
Website is accurate 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 is no extra charge for card payments unless the customer’s bank charges them a fee. When paying by credit / debit card, starting conditions apply as soon as the card transaction is approved.
D) In the event that no payment has been received after submitting your order, MessyWeekend may automatically cancel your order.
6. Promo codes
A) Promo codes should be entered during the checkout process to be valid. Attempting 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 altered or canceled at MessyWeekend's discretion.
B) If a promo code causes the cost of the order to go below €50, the order will no longer qualify for free shipping.
C) If the promo code is conditional (e.g. buy X, get Y), the discount is forfeited in the case of a return.
D) Promo codes cannot be combined.
E) Discount codes are not valid for products in the outlet collection.
7. Delivery
A) Most orders are shipped within 1-2 days of when the order was placed. This excludes weekends and public holidays. This also excludes preorders.
B) Preorders are shipped as soon as they are booked into stock. The estimated 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 shipping times listed at check-out are indicators; longer delivery times can apply if the destination is not well or consistently connected to a main hub.
D) All orders are shipped with track and trace. Please allow up to 24 hours before you receive tracking information.
E) By becoming a customer of MessyWeekend, the customer also becomes a customer of the shipping carrier selected to deliver their order. If there is an issue with shipping, the customer is responsible for contacting the shipping carrier directly due to privacy reasons. MessyWeekend cannot give out the private information (e.g. name, address, phone number, email) of a customer to shipping carriers outside of the initial shipping label.
F) You may be required to sign for delivery. Before signing you must inspect the package for any obvious tampering. If you receive an empty package but you sign the delivery receipt and do not immediately report the fact to the carrier, we are not responsible for any refunding or substitution. You have to keep the receipt of the delivered product in case of future needs with us about it.
G) In cases where the order has been dispatched, the customer is required to receive the order. If the customer refuses to accept their package or does not collect it from the pick-up point, they will be charged for return shipping costs.
H) In the case you as a customer believe that the delivery is delayed in such a way that you no longer wish to fulfill the order, it is your responsibility to cancel the order.
I) Orders made in another person's name without the person’s consent, will be reported to the authorities. MessyWeekend holds the right to change prices, correct incorrect prices on all orders as well as final sales. If a price is incorrect, this may compel MessyWeekend to cancel the purchase and refund any amount paid in the best way. This can be performed at any time.
8. Returns
A) Consumers have the right to return the order within 30 days from receiving the order. The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. NB: All orders placed on and after November 22, 2021, can be returned up until January 5, 2021.
B) Return shipping is not paid by MessyWeekend, unless the order is above €50 or 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 (https://messyweekend.returnscenter.com) within 30 days from receiving the goods provided 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 for transporting the returned goods to MessyWeekend.
E) Prescription sunglasses are not eligible for return, as they are custom made for the respective customer. All prescription sunglasses order forms will be sent to the customer for verification prior to production. Delivery times differ as well, as MessyWeekend prescription sunglasses are produced in partnership with a third-party manufacturer.
F) Gift cards are non-returnable and non-refundable as it is a virtual product that is issued instantly.
G) Products in the outlet collection (refurbished and discontinued products) are exempt from our regular returns policy and should be returned at your own cost. Once we have received the return you will be issued a shopping voucher on messyweekend.com for the same amount of the initial purchase.
H) All sales of products from exclusive collaborations are final and cannot be returned. This includes the MAV TM x MessyWeekend collection and the BBA x MessyWeekend collection.
I) All sales of products at live events are final and cannot be returned.
J) If you return items of your order, making the order total go below the freebie offer requirement of 85 EUR // 550 DKK, the freebie needs to be returned as well.
9. Warranty
A) Warranty term: 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 should be contacted upon discovery of the error for information about compensation. Photo/video documentation must be sent to MessyWeekend.
C) To have replacement covered under this warranty performed, please write to us at hello@messyweekend.com. In the email, you need to include your name, address, order number, a detailed description of the issue, and photo documentation of the issue. Finally, write “Exercise Warranty” as the subject of the email.
D) Return shipping is paid by MessyWeekend in the case that the defect can be properly and adequately shown. If no proper or adequate documentation can be provided, the customer can send the item(s) back to MessyWeekend for assessment at their own cost. If the item(s) is found to be defective, MessyWeekend will refund the cost of shipping, repair/replace said item(s), and cover the cost of shipping to return the repaired/new item(s) to the customer. If no defect can be found, the customer is responsible for the cost of shipping both to and from MessyWeekend’s head office.
E) On return, note that repair/replacements will be charged in the following cases, even during the warranty term.
i) Failure or damage caused by improper use or carelessness (knocks, dents, crushing, broken lenses, broken / bent hinges, etc.)
ii) Esthetic changes that occur during normal wear and tear and aging (scratches, etc. on the case, frame, and/or lens, alteration of the color on the frame/temple)
iii) Failure or damage caused by unjustifiable repair or modification
iv) Failure or damage caused by fire or water, or a natural disaster, such as an earthquake
v) In case the retail store and the purchase date are not indicated on the warranty, or if this information has been rewritten
vi) If the warranty is not submitted along with the sunglasses.
vii) The case, frame, pouch, thereof may be replaced with substitutes if the originals are not available.
F) This warranty warrants that you can receive a free replacement in accordance with the terms set forth herein and within the specified term, and shall not restrict any lawful right of the Customer.
10. Use of Website
A) The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made, and we make no warranties, whether express or implied, in relation to 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 provided by you. You must bear the risk associated with the use of the Internet.
B) While we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be 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 Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
C) In particular, we disclaim all liabilities in connection with the following:
i) Incompatibility of the Website with any of your equipment, software or telecommunications links;
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 full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
11. Product
A) MessyWeekend has the right to adjust prices, involve additional cost and change product information, such as product pictures and offers without notice. The product images and informational texts available reflect the product as much as possible. We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the sunglasses. The pictures may differ depending on the color settings in your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.
12. Complaints terms
A) It is important that you as a customer carefully check your goods/products when you receive your shipment in order to verify that the products are not damaged and correct. Both the customer and MessyWeekend are beholden to the Terms & Conditions of the respective shipping carriers, so if your product is damaged in transport, whether the damage is visible or hidden, you must report this immediately after delivery to the carrier directly and according to their T&Cs.
B) MessyWeekend is not responsible for the replacement of products damaged during transportation if the customer does not report the damage to both us and the shipping carrier upon delivery of the damaged product.
C) If you receive your item and see that it is damaged or does not match the one you ordered, you shall contact us upon discovery of the error.
D) Any complaints shall be made to our customer service through email: hello@messyweekend.com. Please supply the order number, reason for complaint, and photo documentation (if applicable). We will get back to you as quickly as possible.
E) Defective products returned to MessyWeekend should be treated as if they were faultless. It is, as with all types of returns, extremely important that the product is packaged in such a way that it cannot be damaged during transit. MessyWeekend has the right to replace defective goods with the same model. If the item has been discontinued, the customer will receive a full refund or another product of the same value.
F) In the case that a returned product has no errors or faults, MessyWeekend will send the product back to the customer, and the customer is responsible for the cost of shipping.
13. Liability
A) MessyWeekend responsibility for errors in connection to delivery is limited to existing conditions of sale. MessyWeekend bears no direct or indirect responsibility—for example, but not limited to—for incompatibility, delivery delays, downtime, data loss, additional work or other economic harm.
B) We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will remain so for a period of 24 months from the date of delivery.
C) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
D) This does not exclude or limit in any way 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 illegal for us to exclude, or attempt to exclude our liability.
E) We are not responsible for indirect losses which happen as a side effect of the main 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 anticipated savings;
v) Loss or corruption of data; or
vi) Waste of management or office time.
F) However, arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14. Force majeure
A) MessyWeekend shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new/amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to a criminal activity that affects activities.
15. Site usage policy and intellectual property rights
A) SECURITY:
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
i) Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
ii) Disclosing a password or permitting a third party to use a password or failing 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) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, ""flooding"", ""mail bombing"" or “"crashing"";
Sending unsolicited email, including promotions and/or advertising of products or services;
v) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
vi) Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
B) GENERAL RULES:
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
C) VIOLATIONS:
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.
16. Site contents
A) Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by MessyWeekend owner of the MessyWeekend Brand, and/or its parents, subsidiaries and affiliates (collectively, “Blazar Capital") or other parties that have licensed to or otherwise permitted their material to be used by MessyWeekend. The Site as a whole and its Contents are protected by copyright, trademark, trade dress 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, MessyWeekend, the MessyWeekend logos, and all other trademarks appearing on this Site are trademarks of MessyWeekend or are licensed or used with permission of the owner by MessyWeekend. You agree not to display or use such trademarks without MessyWeekend prior written permission. MessyWeekend disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
B) The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of 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 through the use of our Email a Friend link. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without the prior written consent of MessyWeekend or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied 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 to you are reserved by MessyWeekend and/or its licensors. Third-party trade names, product names, and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
C) The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
17. User content
A) The www.MessyWeekend.com website may include user-generated content, for example, social media applications. MessyWeekend does not claim any ownership in rights in such content (images, photos and videos, etc.) and take no legal responsibility for it. In case you suspect a violation of copyright or any other right, or otherwise is 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 sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
B) You grant MessyWeekend and its sub-licensees the right to use the name that you submit in connection with such content if they choose.
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 perform all further acts necessary to perfect any of the above rights granted by you to MessyWeekend, including the execution of deeds and documents, at the request of MessyWeekend.
E) You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to MessyWeekend, the content and material is accurate.
F) Use of the content and material you supply does not breach any applicable MessyWeekend guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify MessyWeekend for all claims brought by a third party against MessyWeekend arising out of or in connection with a breach of these warranties.
19. Links to other web sites
A) To the extent that this Site contains links to outside services and resources, including other websites, the availability, and content of which MessyWeekend does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. MessyWeekend makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by MessyWeekend. You are linking to this website, off-site pages or other sites is at your own risk and without the consent of MessyWeekend.
20. Retention of title
A) All products remain in MessyWeekend property until full payment is made.
21. Fraud
A) All frauds are reported to the authorities, and MessyWeekend reserves the right to cancel the purchase if any suspicion is raised.
22. Governing law and jurisdiction
A) These terms and your use of the www.MessyWeekend.com website are governed by Danish law. To the extent permitted by law, Danish courts shall have exclusive jurisdiction of any dispute arising from these terms 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 breached these terms of use. Such termination can be made without prior notice.
24. Amendments
A) MessyWeekend may revise these terms of use from time to time. Every time you order a product from us, the general 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 to which you are bound.
25. Referral scheme T&Cs
A) Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code 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 Website.
B) A new customer is a natural person who has not previously placed an order with us (a ""Referee""). If the Referee has an account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
C) If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using 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 spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
E) You will receive the applicable credit on your account 24 hours after despatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being dispatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
F) Any credit accrued through the Referral Scheme that has not been used within 12 months from the date of accrual will expire.
G) The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
H) All discounted products and subscription products are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
I) We may, in 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 contrary to these terms.
Privacy policy
A) MessyWeekend ApS (“MessyWeekend”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website located at www.MessyWeekend.com (the “SITE”) and online services (“SERVICES”).
i) QUESTIONS; CONTACTING MessyWeekend; REPORTING VIOLATIONS.
If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us via our Contact Us page.
ii) USER CONSENT.
By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you 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 intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to MessyWeekend and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at support@MessyWeekend.com
iv) A NOTE TO USERS OUTSIDE OF THE UNITED STATES.
If you are a non-U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified 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 laws regarding 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, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “ANONYMOUS DATA” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below:
vi) INFORMATION YOU PROVIDE TO US.
If you create an account by registering directly with us, we will request your name, email, and password. When you order merchandise, we will collect information necessary to process your order such as your shipping and billing information and payment information. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post content on our Services such as a review, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your first name and last initial. The information that you provide will be visible to others, including anonymous visitors to the Site. We may also collect Personal Data at other points in our Site and Services that state that Personal Data 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 a SNS, you are allowing the Services to access your information and you are agreeing to the SNS’s Terms of Use and Privacy Policy in your use of such services. We may receive information from the SNS to make it easier for you to create an account with us. Any information that 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 practices.
viii) INFORMATION COLLECTED VIA TECHNOLOGY.
Information Collected by Our Servers. To make our Site 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, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
a) Log Files
As is true of most websites, we gather certain information automatically 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 Site, track users’ movements around the Site, 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 Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically collected data to 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 are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
c) Pixel Tag
In addition, we use “PIXEL TAGS” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format user can read, and they tell us whether e-mails have been opened to ensure that we are sending only 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 tie the information gathered by Pixel Tags to our users’ Personal Data. Do Not Track Signals. We do not currently respond to “do not track” signals from web browsers.
d) Flash lsos
When we post videos, third parties may use local shared objects, known as “FLASH COOKIES,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: HTTP://WWW.MACROMEDIA.COM/SUPPORT/DOCUMENTATION/EN/FLASHPLAYER/HELP/SETTINGS_MANAGER07.HTML.
e) Analytics Services
We use third-party analytics services (“ANALYTICS SERVICES”), to help analyze how users use our Site. The information generated by the Cookies or other technologies about your use of our Site (the “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 the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@MessyWeekend.com.
ix) INFORMATION COLLECTED FROM YOU ABOUT OTHERS.
If you decide to invite a third party to create an account and/or purchase our merchandise, we will collect your and the third party’s contact information in order to send a message to the third party and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to collect such information and contact the third party as described in the foregoing sentence. You or the third party may contact us at support@MessyWeekend.com to request the removal of this information from our database.
x) INFORMATION COLLECTED 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 via our Site in order to improve the Services we provide.
xi) USE OF YOUR PERSONAL DATA
a) GENERAL USE: In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Data 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 Site and Services;
4. Provide the Services you request;
5. Improve the quality of experience when you interact with our Site and Services;
6. Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
7. Send you administrative e-mail notifications, such as order confirmations, order status updates, security, or support and maintenance advisories;
8. Respond to your inquiries related to employment opportunities or other requests;
9. Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of MessyWeekend;
10. To allow you to participate in interactive features of our service when you choose to do so; and
11. In any other manner stated on our Site 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 request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
c) DISCLOSURE OF YOUR PERSONAL DATA:
We disclose your Personal Data 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 name and last initial. Please note that any Personal Data you include on a public area of the Site will be publicly viewable. Once displayed publicly, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information which you do not want to make available to the public in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
d) THIRD PARTY SERVICE PROVIDERS:
Our online retail store is hosted by Shopify. You acknowledge and agree that your use of the Service may include having your Personal Data transferred to and stored by Shopify pursuant to 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 you through our Site; to conduct quality assurance testing; to facilitate the creation of accounts; to provide technical support; and/or to provide other services to MessyWeekend.
e) AFFILIATES:
We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under common control (“AFFILIATES”), in which case we will require our Affiliates to honor this Privacy Policy.
f) CORPORATE RESTRUCTURING:
We may share some or all of your Personal Data in connection with or during the negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving a sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
g) SOCIAL NETWORKING SITES:
Our Services enable you to post content to snss. If you choose to do this, we will provide information to such snss in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such snss. We will not be responsible or liable for: (i) the availability or accuracy of such snss; (ii) the content, products or services on or availability of such snss; or (iii) your use of any such snss.
h) OTHER DISCLOSURES:
Regardless of any choices you make regarding your Personal Data (as described below), MessyWeekend may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on MessyWeekend; (c) to protect or defend the rights or property of MessyWeekend or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation 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) payouts, we use the payment services of Adyen (https://www.adyen.com/) and PayPal (http://www.paypal.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded 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 Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
xiv) YOUR CHOICES REGARDING INFORMATION
You have several choices regarding the use of information on our Service:
a) EMAIL COMMUNICATIONS:
We will periodically send you free newsletters and e-mails 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 provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.
If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.
b) DE-LINKING SNS:
Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account.
c) CHANGING OR DELETING YOUR PERSONAL DATA:
You may change any of your Personal Data in your account by contacting support@messyweekend.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. 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 consult this Privacy Policy regularly for any changes.
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