Terms of service

OVERVIEW
Welcome to Rock Hard Body! The terms “we”, “us”, and “our” refer to Rock Hard Body. Rock Hard Body operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). 

The following general terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services. 

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS
We strive to provide the most accurate descriptions possible of our products and services in our online stores. However, please note that the colors and appearance of products may differ from how they appear on your screen. This is due to the type of device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Rock Hard Body reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is only accepted once Rock Hard Body has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. Rock Hard Body may not be able to accommodate a cancellation request once your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number you provided during the ordering process.
You may return or exchange purchases only in accordance with our refund policy.
You represent and warrant that your purchases are intended for personal use or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place your order, as stated in the confirmation email you receive after ordering. Unless expressly stated otherwise, the listed prices exclude taxes, shipping charges, handling fees, customs duties, and import taxes.
The prices displayed in our online stores may differ from prices in physical stores, or in online stores or other shops operated by third parties. We may, from time to time, offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by your credit card company; and (iv) you will pay the charges incurred at the posted prices, including shipping, handling, and any applicable taxes, if applicable.

ARTICLE 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All quoted delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the products to the carrier, ownership and the risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are the property of Rock Hard Body, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Rock Hard Body, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Rock Hard Body.
The names, logos, product names, service names, design elements, and slogans of Rock Hard Body are trademarks of Rock Hard Body or its affiliates or licensors. You may not use such trademarks without the prior written permission of Rock Hard Body. The names, logos, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans appearing in the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services. We do not monitor, control, or have any influence over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable in any way for any harm or damages arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and agree to the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

ARTICLE 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded functionality provided by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any damage or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content on such third-party websites. Please review the policies and practices of any third party carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.]
Rock Hard Body uses Shopify to provide you with the Services. However, all sales and purchases made in our store are handled directly with Rock Hard Body. By using the Services, you acknowledge and agree that Shopify is not responsible for any sale-related aspects between you and Rock Hard Body, including any injury, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases and transactions with Rock Hard Body.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.  By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit through the Services is transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your own, so they can deliver services to you. Please read our Privacy Policy for more information on how we, Shopify, and our partners use your personal information. 

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not now nor in the future obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information provided in or through the Services may contain typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful purpose; (b) to violate any international, national, federal, provincial, or local law, regulation, rule, or ordinance; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Rock Hard Body, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION

We may, at our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should remain in effect after termination.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or any other persons who may be informed of its contents.

Unless expressly stated by Rock Hard Body, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. In some jurisdictions, the exclusion or limitation of implied warranties is restricted or not permitted. Therefore, the above disclaimer may not apply to you.

ARTICLE 16 - LIMITATION OF LIABILITY

To the extent permitted by law, Rock Hard Body, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers, and licensors — as well as those of Shopify and its affiliates — shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured through the Services, or for any other claim related in any way to your use of the Services or any product.

This includes, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if you have been advised of the possibility of such damages.

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rock Hard Body, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims — including reasonable legal fees — that must be paid to a third party as a result of or arising from:
(1) your breach of these Terms of Service or of any documents incorporated herein by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.

We will notify you in the event of a claim that gives rise to indemnification, provided that failure to give timely notice does not release you from your obligations unless you are materially prejudiced by such failure. We may assume the defense and settlement of any such claim at your expense, including the engagement of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You are required to cooperate in the defense of any claim subject to indemnification, including by providing relevant documents and information.

ARTICLE 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be deemed null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent or notice to you.

ARTICLE 21 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the laws and jurisdiction of the federal and state or provincial courts in the territory where Rock Hard Body has its principal office.

You and Rock Hard Body hereby consent to the exclusive jurisdiction and personal venue of the relevant courts.

ARTICLE 22 - HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website regularly for any modifications. We will provide notice of material changes to these Terms in accordance with applicable law.

Such changes will take effect on the date specified in the notice. By continuing to access or use the Services after any changes to these Terms of Service have been made, you indicate your acceptance of those changes.

ARTICLE 24 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to us at info@rockhardbody.nl.

Our contact details are as follows:
Rock Hard Body
info@rockhardbody.nl
Steve Bikolaan 4, 1945 EL Beverwijk
NL005339997B11