Privacy, Terms and Retour

SHIPPING

The estimated delivery time depends on the country. As soon as your order has been shipped, you will receive a shipping confirmation email with a tracking number. All shipping prices includes VAT. Please be aware of a longer delivery time during the holidays and sale periods. We are working towards having your order processed within 2-3 working days.

Country – Shipping cost

Netherlands - €6.92
Belgium - €9.40
Germany - €9.52
France - €15.16
Denmark - €13.76
Finland - €29.74
Hungary - €19.56
Ireland - €21.54
Luxembourg - €13.77
Norway - €23.54
Portugal - €21.54
Spain - €20.94
United Kingdom - €20.44 + €1.09/kg


Outside Europe:
Packages will be shipped (see shipping costs above) using our standard shipping service, which will be DPD. Customs, taxes, duties, and collection fees may still apply. All duties and/or taxes are the responsibility of the customer and are not collected by NEVERGIVEUPCLOTHING, nor are they included in the order total. Any applicable fees will be due upon delivery. We deliver worldwide. However, we do not ship to APO, post office box or FPO address.

Sale
Because of the high demand of our sale items, orders placed during the sale are only confirmed after receiving a shipping confirmation email. Therefore, it is possible that your order will be cancelled because of out-of-stock items. Please be aware of a longer delivery time due to the holidays. We are working towards having your order processed within 3-7 working days.

Product Appearance
The images of the products on the (desktop or mobile) website and/or app are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your screen’s display can accurately display the colour of the products. Your products may vary slightly in colour from those images. the packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.

Processing Guidelines
All products on the website are subject to availability and payment being received before your order is processed. We will contact you if the products you have ordered are out of stock, or if additional identification is needed for credit card verification.

Delivery Date estimates
We aim to deliver all orders within five working days of your order being processed. Once your order is shipped, we will send you a tracking number through email. Please note that it may take up to 48 hours before the tracking number can be updated online.

International Shipping Policies
If you order products from our website for delivery to an international destination, your order may be subject to import duties and taxes once a shipment reaches your country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict what they may be. International orders may be subject to customs clearance procedures, which may cause delays beyond original delivery estimates. When ordering from us, you are considered the “importer of record” and must comply with all laws and regulations of the country in which you are receiving the goods. We will not be liable or responsible if you break any such law.

Undeliverable and Refused Packages
In the event that delivery is rejected for any reason or considered undeliverable because of an invalid shipping address. We are not responsible for packages that have been lost, stolen or mis-delivered.

Inspection
You are required to inspect the delivered products once you receive your order and ensure that the products are “as expected” condition. In the event they are not in an “as expected” condition, please mail to info@nevergiveupclothing.nl as soon as possible, with all necessary information (order, contact details and problem description) and including photographic proof.

Shipping Errors or Damaged Products
We are committed to selling only high-quality products. To that end, we employ several quality checks before a product is shipped. If you have received a wrong or damaged product, please contact us within 14 days of receiving the order to be eligible for a exchange with a new, similar product or refund. In the case of a refund, we will be able to issue your full refund within 14 days of us receiving the wrong or damaged product, as per our Shipping Policy.

Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations if caused by events outside our reasonable control, including (but not restricted to) fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central government or other competent authorities.

RETURNS AND EXCHANGES

We will accept returns and issue a refund or store credit. Anything that has been purchased online can be returned to our warehouse. Within 14 days, orders may be returned and we will issue a refund. To send the item(s) back please contact us with your order details and return request so we can instruct you the best possible way to return your order. Send us an email and we will respond within 24 hours.

  • All products must be returned within 14 days of receipt.
  • All products must be unworn and unwashed.
  • All products must have all original tags still attached.
  • For hygiene reasons, underwear briefs, bodies, swimwear, and pierced jewelry cannot be returned or exchanged unless faulty.
  • Shipping back to our warehouse is at the customers’ own cost.
  • Save your tracking code link as proof of shipping.

If you do not like your new purchase, you may return the item(s) for a full refund of the purchased price, by mail to our warehouse. We only accept undamaged, unaltered, unsoiled, unused, unworn and unwashed products (other than to try the product(s) on and in the same state that it was sold to you). For hygiene reasons, underwear briefs, bodies, swimwear and pierced jewelry cannot be returned or exchanged unless faulty. Please note that where possible, any labels or tags must remain intact and attached. The product(s) should be returned in or with its original packaging.

Exchange and Refunds
We are happy to offer an exchange or refund when the product is defect, we will offer exchange for unworn items returned in their original condition and packaging, with the return request provided by mail. Please be aware that all responsible return costs are applicable by the customer. Refunds and exchanges will only be given on items returned within 14 days of receipt of the order. Items that are returned as faulty and are showing signs of damage which are not the result of a manufacturing fault will not be accepted. This includes accidental, malicious or wearer related damages. In addition, underwear briefs, bodies, swimwear and pierced jewelry cannot be returned or exchanged. As soon as we have received and approved your return, it will take approximately 7 to 10 business to process your refund.

Late or Missing Refunds
In the event that you haven’t received a refund yet, first check your account balance with the payment method you used. Please note that it always takes some processing time before a refund is issued. In the event that you have already contacted your payment carriers and banks and regardless you have not gotten your refund yet. Please get in touch with us on our email info@nevergiveupclothing.nl

Standard Refund Method
Refunds will be issued the same method of payment and the same credit or debit card as the original purchase (except for gift cards and e-gift cards, in which case you will be refunded a credit onto a new gift card). Shipping charges and sales tax on shipping are not refundable.

Faulty Items
We will return a product for faulty if it has failed to live up to its life expectancy and is covered by our warranty policy. The warranty policy is dependent on the product category and reason for failure. We will not return a product for faulty if it isn’t covered by our warranty policy or if it the product was damaged whilst being used in a way that it was not intended. The intention of use is at the discretion of NEVERGIVEUPCLOTHING and will be judged in a reasonable way. If you have received an item which is faulty, or the incorrect item in your delivery. We will help you rectifying this as soon as possible. Please email to info@nevergiveupclothing.nl with the image of the item showing the fault, a description of it and your order details.

Damaged goods during shipment
Make sure you check your item(s) once you receive your package. Shipping is done immediately when you order any item at NEVERGIVEUPCLOTHING. Any harm from delivery must be accounted to us within 14 days of receipt of the item(s). In the event that you get your item(s) and it has been damaged during shipment, please email to info@nevergiveupclothing.nl immediately. Include an image and description of the damaged goods. This information is very useful to us in ensuring that our items are bundled and sent appropriately. We will issue a refund for the damaged goods and you can make the order again.

TERMS AND CONDITIONS

Overview
Nevergiveupclothing (“nevergiveupclothing”, “nevergiveupclothing.nl”, “us”, “we” and “our”), a service from www.nevergiveupclothing.nl and its affiliates (“seller”, “sellers”, “merchant”, “merchants”, “business”, “businesses”, “vendor” and “vendors”) operate as guided by the Terms and Conditions Notice listed below. By visiting us at nevergiveupclothing.nl, (“your”, “user”, “users”, “buyer”, “buyers”, “customer” and “customers”) accept this Terms of Service Notice. Please read it carefully. When you use any current or future nevergiveupclothing service (such as your account or profile, gift certificates, your reminder service, etc.) or visit/buy from any business affiliated with nevergiveupclothing, whether or not included in nevergiveupclothing, you will be subject to these guidelines. This Terms of Service notice supersede all previous representations, understandings or agreements provided by nevergiveupclothing. By using nevergiveupclothing you agree to be bound by this Terms of Service Notice.All products or services and information displayed by nevergiveupclothing constitute an “invitation to offer”. Your order of purchases constitutes your “offer”, which shall be subject to the Terms of Service Notice as listed below. nevergiveupclothing reserves the right to accept or deny your offer for any reason at any time.

Definitions
“Agreement”means Terms of Service Notice as described herein including the privacy policy and all schedules, annexes and appendices and will include references to agreement as amended, negated, varied, supplemented, or replaced periodically. “nevergiveupclothing” identifies the clothing shopping platform www.nevergiveupclothing.nl / (site or website), and/or our (mobile site or mobile website), and/or the nevergiveupclothing application (or app). nevergiveupclothing also describes it and its affiliates, which provide users the ability to purchase products listed nevergiveupclothing. “Vendor”, “seller” or “affiliate” describes any person or legal entity that offers products for purchase on an nevergiveupclothing B.V platform. “Product” or “products” include any goods, products, merchandise, services, offers or display items that are displayed on nevergiveupclothing by its vendors, as well as the related description, information, warranties, delivery schedule or procedure.

Electronic Communication
When you visit nevergiveupclothing or transmit emails, it is understood that you are communicating electronically with nevergiveupclothing. As a result, you are thus giving your consent to receive electronic communications from nevergiveupclothing. Our representatives may communicate with you by email or within nevergiveupclothing platforms. you agree that all notices, disclosures and other communications provided to you electronically meet a legal requirement that such communications must be written.

Acceptance
Your access and use of the online clothing (desktop or mobile) website and/or app indicates that you have read, understand and agree to be bound by these Terms of Service Notice, whether or not you are a registered nevergiveupclothing user, and is subject to your compliance with these Terms of Service Notice. nevergiveupclothing reserves the right to alter, add or remove any portion of the Terms of Service Notice at any time without prior notice. Your continued use of the (desktop or mobile) website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to periodically check the (desktop or mobile) website or app for any possible changes to the Terms of Service Notice. If you do not agree to be subject to these or any future Terms of Service Notice, please do not access or (continue to) use nevergiveupclothing services. In addition, nevergiveupclothing may post additional terms, conditions, rules or requirements related to the (desktop or mobile) website, app or any of the services provided by those platforms. At its sole discretion, nevergiveupclothing may also provide other services governed by different Terms of Service Notice.

Product Availability and Description
We try to be as specific as possible on the (desktop or mobile) website and/or app about products and including product availability, size, colour, type, quantity of stock available and product description. However, while we try our best to ensure that product information on our website is correct. It is possible that the (desktop or mobile) website and/or app may contain typographical errors or inaccuracies. Therefore we reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order). Please also note that because the colours of the products you will see on the (desktop or mobile) website and/or app depend on your monitor/screen. We cannot guarantee that the display of colour will be accurate and some colours may vary. If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for dispatch to you (Please note – some items may return in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your Credit/Debit/Paypal account has already been charged). Please note that the information provided about products on the (desktop or mobile) website and/or app is for information purposes only. Please make sure you read all labels, warnings and directions provided by the product before use.

Delivery
Please see our shipping policy for delivery costs by destination and item type. We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 14 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 14 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded the amount paid for the order. Ownership and risk in the products you have ordered will pass to you from the time they are delivered to you. 

Our Products
The images of the products on the (desktop or mobile) website and/or app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your screen’s display can accurately display the colour of the products. Your products may vary slightly in colour from those images. the packaging of the products may vary from that is shown on the images on the (desktop or mobile) website and/or app.

Price of Products and Delivery Charges
The prices of the products will be as quoted on the (desktop or mobile) website and/or app at the time you submit your order. We take all reasonable care to ensure the prices of products are correct at the time when the relevant information was entered onto the system. Prices for our products may change from time to time, but changes will not affect any order you have already placed. The price of a product includes VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery. We will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our shipping information page. The (desktop or mobile) website and/or app contains several number of products. It is always possible that, despite our reasonable efforts, some of the products may be incorrectly prices. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-priced, we do not have to provide the products to you at the incorrect price. 

Trademark
nevergiveupclothing’s logo that is hosted on nevergiveupclothing platforms and used in any other locations as part of a communication with users is registered by nevergiveupclothing and may not be used, communicated or distributed without the possession of express written consent from nevergiveupclothing. 

License and Site Access
nevergiveupclothing grant users a limited license to access its platforms, and not to download (other than the page caching) or modify it or any other portion of it, except in the case the nevergiveupclothing provides consent for such an action. License does not include any re-sale or commercial use of the (desktop or mobile) website and/or app or its contents; any collection and use of any product listings, images, descriptions or prices; any derivative use of these platforms or their contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, bots or similar data gathering and extraction tools. These platforms or any portion of them may not be re-produced, duplicated, sold, re-sold, copied, visited or otherwise exploited for any commercial purpose without nevergiveupclothing’s express written consent. You may not frame or use any framing techniques to enclose any of the trademark, logo or any proprietary information (including page layout, images, text or form) of nevergiveupclothing or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” nevergiveupclothing’s name or our trademarks without nevergiveupclothing’s express written consent. Any unauthorised use terminates the permission or license granted by nevergiveupclothing. You are granted a limited, non-exclusive and revocable right to create any hyperlink to the nevergiveupclothing.nl homepage as long as the link does not portray the services or products of nevergiveupclothing or its affiliates in a false, derogatory, misleading or otherwise offensive matter, or as you having the right of ownership of the same in any form. You may not use our trademark, or any nevergiveupclothing logo or other proprietary graphic as part of link without express written consent and our acceptance.

Disclaimer of Liability
The material displayed on the (desktop or mobile) website and/or app is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law nevergiveupclothing and its suppliers, content providers and advertisers herby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising our of or related to the use, inability to use, performance or failures of the (desktop or mobile) website or the linked webpages and/or app and any material posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect nevergiveupclothing liability for death or personal injury arising from its negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The (desktop or mobile) website or the linked webpages and/or app including its content, must not be framed on any other website and/or app, nor may you create a link to any part of this (desktop or mobile) website or the linked webpages other than the home page. We reserve the right to withdraw linking permission without notice. 

Indemnity 
You agree to indemnify, defend and hold harmless nevergiveupclothing, its directors, officers, employees, consultant, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from the use of the (desktop or mobile) website and/or app or breach of the Terms of Service.

Variation
nevergiveupclothing shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of the (desktop or mobile) website and/or app. 

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Amsterdam and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts. 

Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and nevergiveupclothing. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of nevergiveupclothing. 

Contact Information
Questions about the Terms of Service should be sent to us at info@nevergiveupclothing.nl

PRIVACY POLICY

At NEVERGIVEUPCLOTHING accessible from https://baniqstudios.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by NEVERGIVEUPCLOTHING and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in NEVRGIVEUPCLOTHING. This policy is not applicable to any information collected offline or via channels other than this website.

CONSENT

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

INFORMATION WE COLLECT

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

HOW WE USE YOUR INFORMATION

We use the information we collect in various ways, including to:

  • Provide, operate, and maintain our webste
  • Improve, personalize, and expand our webste
  • Understand and analyze how you use our webste
  • Develop new products, services, features, and functionality
  • Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the webste, and for marketing and promotional purposes
  • Send you emails
  • Find and prevent fraud

LOG FILES

NEVERGIVEUPCLOTHING follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

COOKIES AND WEB BEACONS

Like any other website, NEVERGIVEUPCLOTHING uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

ADVERTISING PARTNERS PRIVACY POLICIES

You may consult this list to find the Privacy Policy for each of the advertising partners of NEVERGIVEUPCLOTHING.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on NEVERGIVEUPCLOTHING, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that NEVERGIVEUPCLOTHING has no access to or control over these cookies that are used by third-party advertisers.

THIRD PARTY PRIVACY POLICIES

NEVERGIVEUPCLOTHING’S Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

CCPA PRIVACY RIGHTS (DO NOT SELL MY PERSONAL INFORMATION)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR DATA PROTECTION RIGHTS

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

CHILDREN’S INFORMATION

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

NEVERGIVEUPCLOTHING does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.