1.1 These terms of service (hereinafter: “Terms”) apply to all use of the Platform and acts in this context, such as your casual browsing of the Platform, when you bid in auctions through the Platform, or when you submit an order through the Platform. The Terms also apply when you use a white-labelled or other “branded” version of the Platform as used by certain partners. Those versions may be offered via partner-specific domain names, but they still use our Platform.
1.2 The Terms must be considered a binding and enforceable agreement between you and MatchWornShirt. By using our Platform, you agree to be bound by the Terms and comply with all applicable laws and regulations. If you are not acting on your own behalf or if you are not acting for purposes that are outside your business, trade, or profession, then you must unambiguously clarify in writing to MatchWornShirt the alternative capacity in which you are acting. If this is not clear to MatchWornShirt, MatchWornShirt may assume you are acting on your own behalf.
1.3 The most recent version of these Terms will always be published on the Platform and we reserve the right to make changes to them at any time and for any reason. You will be subject to the version(s) in effect when you use our Platform. Your continued use of the Platform after changes to the Terms have been published on the Platform must be considered your irrevocable and unconditional acceptance of such changes as of the date of publication. If you do not agree with the most recent version of these Terms at any time, you must cease and desist the use of the Platform immediately and you will no longer be able to participate in auctions or buy Products in any way. If a change significantly affects your rights or obligations, MatchWornShirt will inform you of this via e-mail or bring this to your attention via the Platform in a sufficiently clear manner.
2.1 The Platform is made available to you by us, MatchWornShirt B.V., a limited liability company registered with the trade registry in the Netherlands (Kamer van Koophandel) as 69115494 (“MatchWornShirt”). Our registered (and visiting) address is H.J.E. Wenckebachweg 210 (1096 AS) Amsterdam, the Netherlands.
2.2 MatchWornShirt must also be considered the Seller of Products sold via the Platform unless indicated otherwise on the relevant Product-listing(s). For example, certain partners may act as Sellers and we ourselves use local MatchWornShirt-entities when selling and shipping from certain (non-EU) countries. This is explained further in Clause 7.
2.3 You can contact us via e-mail at support@matchwornshirt.com.
2.4 Our VAT identification number is NL857742280B01.
3.1 For the purpose of these Terms, the following terms shall have the following meaning:
a) Products: all items (e.g. worn shirts) offered for sale by Sellers via the Platform.
b) Purchase Price: when we refer to ‘Purchase Price’ we mean (a) the payment offered by you in the amount and currency for which Seller agrees to sell its Product. For auctions, this will typically be the highest bid; or (b) for Products offered at a fixed price, the fixed price indicated for that Product; plus payment service fees, shipping and handling fees, destination-VAT, a 10% buyer’s premium, and any other fees that must be paid in the context of the purchase agreement.
c) Seller: a legal entity offering to sell a Product via the Platform and with whom you enter into a purchase agreement upon placing the winning bid or agreeing to pay the listed fixed price. The Seller may differ from Product to Product and is further explained in Clause 7. Unless specified otherwise on the Platform, MatchWornShirt is the Seller of each Product sold via the Platform.
d) Services: all services offered to you by MatchWornShirt in relation to the Platform and the Products, such as providing you with the ability to create an Account or bespoke framing services performed at your request for Products bought.
e) Platform: the website and all of its functionality available – regardless of the means used to interact, e.g. via a browser or a mobile application – at any of the following URLs (incl. any subdomains and subpages): MatchWornShirt.com; MatchWornShirt.eu; MatchWornShirt.nl; MatchWornShirt.be; MatchWornShirt.de; MatchWornShirt.fr; MatchWornShirt.co.uk; MatchWornShirt.es; MatchWornShirt.ae; MatchWornShirt.in; MatchWornShirt.us; MatchWornShirt.jp; MatchWornShirt.it; or any other URLs registered by MatchWornShirt or members of its corporate group not listed above, but registered for offering Products and Services.
4.1 You can browse the Platform without an account, but you must create an account to participate in auctions or buy Products offered for a fixed price. Creating an account is free and does not entail any payment obligation until you start bidding on Products (and then win) or ordering Products with a fixed price.
4.2 When you choose to create an account, you agree to provide true, accurate, current, and complete information about yourself. You are not permitted to register an account for anyone other than yourself.
4.3 If you are a business user (i.e. acting in the course of your trade, business, craft, or profession; not for personal use), you are obliged to identify yourself as such when creating an account. MatchWornShirt has the right to change or clarify the status of an account if it reasonably sees reason to do so.
4.4 You are responsible and liable for any use of your account. The credentials to log in to your account are personal and strictly confidential and you must treat them as such. You must take all reasonable measures to prevent third parties from using your account (e.g. logging out of public PCs, preventing third parties (incl. any children or friends left unattended) from using mobile devices through which you may be logged into your account, not re-using the same password for multiple websites, changing your password immediately if you suspect it may have been compromised, etc.). MatchWornShirt may assume that any person using your account is you or has been authorized by you to do so. We reserve the right to hold you liable for any damage whatsoever resulting from the unauthorized use of your account by a third party.
4.5 You may request the deletion of your account at any time, provided that you have fulfilled all your outstanding obligations (e.g. payment obligations) towards us.
5.1 To access and use our Platform, you must ensure that you have an internet connection and a network-enabled device (e.g. tablet, smartphone, or laptop) with up-to-date software, including a modern browser (e.g. Chrome, Chromium, Firefox, Edge, or Safari). Any fees related to the provision of your own network-enabled devices and internet connectivity must be paid by you.
5.2 To use our Platform, you must:
f) be at least 18 years old;
g) use best efforts to protect the confidentiality and security of your account and login details for the Platform;
h) not use our Platform for the processing of infringing or otherwise unlawful content;
i) not infringe upon MatchWornShirt’s or a third party’s intellectual property rights, and not commit any other wrongful acts towards MatchWornShirt or a third party;
j) not provide incorrect data, such as fake or alternative e-mail addresses and names;
k) not impersonate official MatchWornShirt personnel or contractors;
l) not abuse or harass MatchWornShirt personnel or contractors;
m) not use automated means to access or otherwise engage with our Platform, beyond using interfaces explicitly authorized by us (e.g. the GUI on our Platform or a third-party GUI used by a partner with whom we have a white-label solution);
n) not interfere with, limit, or impede access to or use of the Platform for other users;
o) not acquire access to accounts not belonging to you or otherwise acquire access to any parts of our Platform which should reasonably not be accessible to you;
p) not adapt, modify, or reverse engineer the Platform without our explicit prior written consent, except insofar as such actions cannot be excluded under applicable law;
q) not intentionally test the security of our Platform, without our explicit prior written consent;
r) not resell or otherwise re-provide our Services, without our explicit prior written consent;
s) not intentionally obscure, spoof, or hide relevant HTTP information (e.g. IP address, referrer-headers) to access or use the Platform;
t) not circumvent technical restrictions that apply when purchasing Products;
u) not remove any attributions crediting MatchWornShirt and/or its content licensors;
v) not request unreasonable chargebacks;
w) comply with all our reasonable instructions regarding the use of the Services and the Platform, including these Terms; and
x) comply with all applicable laws and regulations regarding online conduct, sanctions law, non-discrimination, intellectual property rights, and data protection.
6.1 Certain actions on our website require an account. For example, to participate in auctions for Products, you must have registered for an account on our Platform and your account must have been fully verified. This means, at a minimum, that you have provided us with your full name, mobile phone number, e-mail address, billing address, a shipping address, and that you have offered reasonable proof of control of communication means and validity of the information – to be determined at our discretion. You are solely responsible for the correctness of the information you provide us with. We reserve the right to require additional information or proof from you before granting your account a verified status if we suspect fraud or misuse of the Platform or if the pricing exceeds a certain threshold or if you are requesting delivery to a country in which we have not delivered to before or if delivery to that country otherwise entails a higher than usual risk for us (to be determined at our own reasonable discretion). For example, we may require you to prove your identity in person or to go through a pre-payment process with our payment services provider. After a Product has been allocated to the winner, account information can no longer be changed or updated.
6.2 You will find an adequate description of the Products, their essential characteristics, and the Seller’s identity, on the Platform together with the applicable pricing, possible delivery methods, and estimated delivery dates. Should any restrictions apply (e.g. purchase or delivery only possible from resp. to certain regions or payment verification required), you will be informed of those restrictions before placing your order.
6.3 To enter into an agreement to purchase a Product, you must follow all our reasonable instructions with regard to the purchase of a Product and must typically undertake the following steps:
Products sold for a fixed price
y) Browse the Platform and identify the Product(s) that you wish to buy. The pricing for these Products is fixed by the Seller.
z) You can click the button ‘Order & Pay’ to buy the Product immediately for the listed Purchase Price.
Products sold as part of an auction
aa) Browse the Platform and identify the Product(s) that you wish to buy. The pricing for these Products has not been fixed by the Seller; instead, interested users may submit their bid for the Product for the duration of the auction. We may change the duration of the auction at our discretion before the start of, or during, an auction.
bb) Products sold as part of an auction have a minimum amount for each bid with each new bid needing to be higher than the previously submitted one. The minimum bidding increments may differ from auction to auction, and from time to time, but are always indicated per auction.
cc) You can click the button ‘Bid now’ to submit your bid for the Product. We will ask you to confirm your bid once you have submitted it – giving you a final chance to correct any typos or mistakes. You are solely responsible for checking your bids before you submit them. Once you confirm it, your bid is irrevocable, but you do not need to pay unless the auction has ended and your bid is the highest one. Each bid is visible for the duration of the auction.
dd) Bids on Products can be placed in different currencies, but each bid will be shown on the Platform in the user's chosen currency view, rounded to zero decimal places.
ee) If during the last 3 minutes (for auctions that started on or after November 20, 2024) or if during the last 15 minutes of an auction (for auctions that started prior to November 20, 2024) a new bid is placed, the auction is extended for small increments of 3 minutes time (for auctions that started on or after November 20, 2024) or 15 minutes time (for auctions that started prior to November 20, 2024) to enable the Seller to draw out the highest bid.
ff) The Product will be sold to the bidder with the highest bid, unless the Seller or MatchWornShirt determines, at their reasonable discretion, that the highest bid was not made in accordance with these Terms or applicable law.
gg) In rare instances where we suspect fraud or other irregular activity that is likely not in compliance with our Terms or which may cause imminent damages to us or affiliates parties, such as our service providers and Sellers, we may temporarily or permanently halt an ongoing auction or sale of a Product. In addition, we reserve the right to start any auction anew or extend an ongoing auction, at our reasonable discretion, for business-critical operational reasons including but not limited to, unavailability of (a part of) the services on the Platform or delay in arrival of items to our offices. You agree to not hold us liable, or cause third parties to hold us liable, for exercising our rights in this regard.
6.4 You can change your mind or modify your order up until you have clicked the button ‘Order & Pay’ or confirmed your bid after clicking the button ‘Bid now’. These actions must be considered an irrevocable legal act by you to buy the Product from the Seller at the indicated Purchase Price.
6.5 The purchase agreement will be considered concluded at the moment of: (a) your clicking of the ‘Order & Pay’ button for Products offered by Seller at a fixed price; and (b) for Products offered by Seller as part of an auction, upon the auction permanently expiring and your bid then still being the highest bid.
6.6 You may view your bids and orders by logging into your account and clicking ‘My Bids’ resp. ‘My Orders’. We will follow up on winning bids and successful orders by e-mailing you a confirmation of the agreement including the details of your order, your payment obligations, and the expected delivery. We will also include with the e-mail a copy of the then applicable version of these Terms.
7.1 In general, MatchWornShirt must be considered the Seller of Products sold via the Platform, unless indicated otherwise on the relevant Product-listing(s). However, in certain cases partners may act as Sellers, and in other cases we may designate local MatchWornShirt entities to be the Seller when shipping from certain (non-EU) countries. The identity of the Seller will always be made clear on the Product page.
7.2 Except for instances where partners act as Sellers themselves, you can use the following overview to easily determine the identity of the Seller for the Products you’re interested in.
| Products from | Seller | Shipped from |
|---|---|---|
| EU | MatchWornShirt B.V. | Amsterdam |
| Brazil | Camisas De Jogo Usadas Intermediacao De Negocios LTDA | São Paulo |
| UK | Frame the Game Ltd | London |
| Australia, New Zealand, Oceania | MatchWornShirt Australia Pty Ltd | Melbourne |
| Turkey | Türkiye’De Kurulacak Olan Match Worn Shirt E-Ticaret Pazarlama İthalat Ve İhracat Limited Şirketi | Istanbul |
| Rest of world | MatchWornShirt B.V. | Amsterdam |
7.3 When partners act as Sellers themselves, additional terms and conditions may apply. These additional terms and conditions will be clearly indicated as such. In the event of a conflict between these Terms and those other partner-specific terms and conditions, the other partner-specific Terms will prevail for those purchases.
8.1 We ship Products that you have bought to you at the delivery address listed in your account on behalf of the Seller unless expressly indicated otherwise on the Platform. You must ensure that your delivery and billing address are always up-to-date and that you are capable of receiving the Products there (e.g. no PO boxes). We will use our best efforts to package the Products carefully and ship them (with a Track & Trace-code) to you within 5 business days after confirmation of your full payment of the Purchase Price. That being said, we cannot control all aspects of the delivery process and delays may be inevitable in certain cases and you accept that delivery may take longer and agree that you cannot hold us liable for late delivery.
8.2 We may engage third parties to facilitate or perform (parts of) the purchase agreement. For example, we may engage third parties for the delivery of Products. We will inform you of the involvement of such third parties where necessary and indicate if certain additional terms and conditions or costs apply (e.g. delivery terms and conditions for our shipping partner).
8.3 Delivery of Products will typically take place from Monday to Saturday. We do not process orders or deliver Products on national or bank holidays. We strive to deliver the Products you purchased in one delivery, but this might not always be possible. We will provide you with an update via e-mail once we ship your Product. Should we reasonably expect or foresee any delays in the shipping of your Product, we will inform you by e-mail.
8.4 It is your responsibility to check, and you are solely liable for, checking whether any restrictions apply to import the Product sold into your country of delivery, and for checking whether or not further payment in this regard is needed (e.g. customs clearance costs), whether customer duties applies, additional VAT applies, etc. Any such costs in connection will exclusively be borne by you.
8.5 You agree that any written confirmation of delivery may be considered proof of your receipt at the agreed-on place of delivery. Should a Product not arrive or arrive in an unacceptable state, we will – and you are obliged to offer us all your reasonable assistance with this - start an investigation with the delivery services provider.
8.6 Despite our best efforts, in certain circumstances we may not be able to provide you with the Products. As such – and in addition to any other rights available to us under statutory law – we reserve the right to refuse any order or bid, or to cancel (ontbinden) your purchase for any of the following reasons:
hh) the Product you purchased is no longer available;
ii) for Products offered at a fixed price - the pricing was an obvious mistake and we cannot reasonably be asked to accept such a pricing error;
jj) your payment was not received or could otherwise not be properly processed;
kk) we suspect your conduct, bid, or order to not comply with these Terms;
ll) we cannot make the Services available to you due to a situation that constitutes force majeure (overmacht) on our part or the part of our suppliers (e.g., our hosting company or our delivery company).
9.1 Once you have received the Products, please inspect the Products promptly and carefully – being mindful not to break any seals or cause any damage to the Products when making sure that the Products are in order.
9.2 If you do have a complaint about a Product, please inform us within 14 days after receiving the Products. If you do not inform us within 14 days after receiving the Product, you automatically forfeit any claims in this regard. Any claim for compensation against MatchWornShirt shall automatically lapse by the mere lapse of twelve months after the claim arose. MatchWornShirt will not be liable in relation to you as long as you have not discharged your obligations to MatchWornShirt.
10.1 Prices for the Products are stated clearly and unambiguously on the Platform. Taxes, payment costs and other costs are indicated on the bidding page. The applicable pricing for our Products will also be stated in the written confirmation that we will send to you. Please note, it is your responsibility to check, and you are solely liable for, checking whether any specific restrictions apply to import the Product sold into your country of delivery, and for checking whether or not further payment in this regard is needed (e.g. customs clearance costs), whether customer duties applies, additional VAT applies, etc. Any such costs in connection will exclusively be borne by you.
10.2 You must pay the Purchase Price for all Products ordered within 48 hours after receiving your confirmation e-mail. MatchWornShirt may have the Purchase Price automatically debited to your bank account or credit card. MatchWornShirt also reserves the right to withhold other Products purchased by you until all your outstanding debts toward Sellers have been settled. In addition, we have the right to set off (verrekenen) any claims that you may have against us.
10.3 If full payment of the Purchase Price is not received within 48 hours, MatchWornShirt will send you a written reminder at no additional cost to pay the Purchase Price within a reasonable term of no more than 48 hours. However, if you do not respond to, and comply with, this reminder, you will be considered automatically in default and you will owe us interest at the rate for statutory interest then applicable. In addition to the Purchase Price, you will, as of the moment of default, also owe us the following out-of-court collection costs:
| Purchase Price (up until and including) | Out-of-court collection costs | Maximum |
|---|---|---|
| EUR 2.500,- | 15% of the Purchase Price | EUR 375,- (with a EUR 40,- minimum) |
| EUR 5.000,- | EUR 375,- + 10% of (Purchase Price - EUR 2.500,-) | EUR 625,- |
| EUR 10.000,- | EUR 625,- + 5% of (Purchase Price - EUR 5.000,-) | EUR 875,- |
| EUR 200.000,- | EUR 875,- + 1% of (Purchase Price - EUR 10.000,-) | EUR 2.775,- |
| more than EUR 200.000,- | EUR 2.775,- + 0,5% of (Purchase Price - EUR 200.000,-) | EUR 6.775,- |
10.4 If you do not pay on time and in full, we may also restrict your account from submitting new bids or ordering new Products. In addition, the purchase agreement may be terminated for cause (ontbinden) once you have defaulted on your payment obligations (incl. the additional time offered through the reminder). If the purchase agreement is terminated, you shall be liable for any damages resulting from this. Without prejudice to our right to claim damages to the extent that they exceed the penalty amount in this case, you must pay us a penalty of 15% of the Purchase Price or EUR 300,-, whichever amount is higher. Article 6:92 (2) and Article 6:93 of the Dutch Civil Code are hereby excluded.
10.5 Please check the Platform for the payment methods available for your country. Depending on your location, you can purchase our Products via our Platform using the payment methods, subject to reasonable availability, advertised on the Platform.
10.6 Please note that payment methods offered via our Platform may require further authorization by payment processors, third-party issuers, or scheme owners, and this may delay the processing of your purchase. External payment providers may charge an additional fee for using said payment providers’ services which you are liable to pay. We reserve the right to ask for reasonable proof of identity should you opt for credit card payment or if we otherwise suspect a fraudulent or illegitimate transaction or conduct that is otherwise not in accordance with these Terms.
10.7 You are obliged to comply with all tax laws and regulations and to register in that respect in the correct capacity and to provide all necessary information. You are fully liable for the consequences of providing incomplete or incorrect information regarding your tax position and you agree to indemnify MatchWornShirt and hold it harmless against all claims from third parties in this regard, including the tax authorities, and for all resulting or related damages and/or costs, which claims, damages and costs will be charged directly to you as the user by MatchWornShirt.
11.1 You acknowledge that the Products purchased via the Platform are – due to nature and features of the Products - exempted from any statutory rights to withdrawal.
12.1 To provide you with a better user experience of the Platform and our Services, we may require the use of third-party services which may be subject to your agreement to terms and conditions supplied by these third parties. We strive to indicate the applicability of such additional terms and conditions where possible in a clear manner.
12.2 We may also display third-party content via our Platform (e.g. via iframes or similar technologies). That content is the sole responsibility and liability of the third party making it available to you. We do not make any warranties or representations concerning the accuracy, veracity, or legal status of such third-party content and disclaim any liability in this regard to the maximum extent possible under applicable law.
12.3 You warrant that you will enable us to comply with our obligations under any applicable third-party terms and conditions as referenced in Clause 12.1. and comply with any third-party terms and conditions applicable to you directly.
13.1 We are entitled to suspend or terminate, with immediate and indefinite effect, and without prior notice, your access to or use of our Platform and Services if you, to be determined at our sole reasonable discretion, fail to comply with these Terms. You will not be entitled to any compensation for this. If we do not receive payment authorization or your authorization is subsequently cancelled, we reserve the right to immediately terminate or suspend your access to and usage of the Services and Platform. In particular, we reserve the option to use any of the following rights at our discretion when you fail to comply with these Terms: (a) we may temporarily or permanently restrict your account, preventing you from logging in, preventing you from updating certain settings in your account, preventing you from participating in auctions, and/or preventing you from purchasing Products; and (b) we may reject and/or remove your bid or order for one or more Product(s).
13.2 Notwithstanding Clause 13.1, we will use our best efforts to notify you of any such decision promptly and with sufficient explanation allowing you to remedy any faults promptly, if possible at all.
13.3 If you fail to comply with these Terms and cause damages, our decision to suspend or terminate your access to or use of the Platform or Services will not affect our entitlement to also seek compensation for damages, and we expressly reserve the right to seek compensation of damages and costs.
14.1 We are entitled to discontinue or otherwise change any part of the Platform at any time for any reason. Such changes may include:
mm) maintenance of the Platform;
nn) adding, changing, removing certain features, Services, or content;
oo) requiring payment for continued use of certain features, Services, or content that were previously free; or
pp) imposing call limits, bandwidth limits, or time restrictions.
14.2 We will use reasonable efforts to ensure that the changes referred to in this Clause have a minimally adverse impact on your access and use of our Platform.
15.1 To provide our Products, Platform, or Services to you, we need to process your personal data. Our Privacy Policy (available here) explains how we process and protect your personal data when you use our Services or Platform. Be sure to read it before you start using our Platform.
16.1 We recognize the importance of keeping our systems and data safe, so security is a top priority for us. However, we do realize that, despite our efforts, vulnerabilities may still exist. If you accidentally stumble upon a vulnerability in our Services or Platform, we ask that you:
qq) report this to us without undue delay, so we can take mitigating measures as soon as possible;
rr) not exploit or otherwise use the vulnerability more than strictly necessary for assessing its extent and reporting it to us;
ss) not share the vulnerability with any third party without our prior written consent; and
tt) submit any vulnerability report to us via e-mail at compliance@matchwornshirt.com. We strive to respond to your report within ten business days and to treat your report and identity as confidential information.
16.2 We agree not to bring a claim for damages or file a criminal report against you for the sole reason of discovering a security vulnerability provided that you adhered to all the steps described under Clause 16.1.
17.1 All our intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights, and know-how, in connection with the Products, Services, or the Platform, including content not submitted by Users therein and the selection and arrangement thereof, are and shall remain the sole property of MatchWornShirt and, if applicable, its licensors.
17.2 You are not permitted to remove any mark or sign of intellectual property rights from the Platform or Services or to reproduce, duplicate, or copy any (part of) our Platform and/or Services.
18.1 The Platform is provided "as is" and “as available”. The Platform contains the features found at the time of use and MatchWornShirt may change the Platform at any time and for any reason. To the maximum extent permitted by law, MatchWornShirt disclaims all warranties and guarantees related thereto, whether express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
18.2 MatchWornShirt does not guarantee that (all parts of) the Services and Platform are accessible at all times and without interruptions or failures. Malfunctions may, but not exclusively, occur as a result of failure of the internet or telephone connection or may be due to viruses or errors/defects. MatchWornShirt is in no way liable (or liable for damages) to the user for any damages resulting from the (temporary) unavailability or (premature) failure of the Services and/or the Platform.
19.1 Any liability of MatchWornShirt, whether direct, indirect, immaterial, or consequential, resulting from the use of the Platform, Products, or Services regardless of the nature of the claim (i.e. tort, contract, or otherwise) is excluded to the fullest extent permitted by law.
19.2 To the extent that Clause 19.1. cannot be enforced against you, MatchWornShirt’s total liability for damages towards you, regardless of the legal basis for your claim (i.e. tort, contract, or otherwise), shall be limited to: (i) compensation of the following types of damages: damage to property, reasonable costs incurred to prevent or limit damages, and reasonable costs incurred to determine the cause of damage, the extent of the liability and damages, and the method of repair; and always limited (ii) up to a maximum of the total amount invoiced and received by MatchWornShirt from you concerning the relevant Products; or EUR 500,-, whichever amount is higher. Notwithstanding the previous sentence, we are never liable for: indirect damages, punitive damages, consequential damages, loss of profits, loss of data, costs of data repair, loss of savings, and damage due to business interruption or delays.
19.3 The exclusions and limitations of liability in this Clause are meant as a third-party beneficiary clause (derdenbeding) for other entities within the corporate group of MatchWornShirt, as well as affiliated third parties, such as its subcontractors and Sellers.
19.4 None of the exclusions or limitations stated in these Terms shall apply to damages consisting of personal injury or death, or damages caused by wilful misconduct or gross negligence of senior management.
19.5 You agree to indemnify and hold us, our suppliers, and our affiliates, harmless from and against all third-party liabilities, claims, damages, and expenses (including reasonable attorney fees) arising from your access to or use of the Services or Platform.
20.1 You hereby grant MatchWornShirt a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use any suggestions you may have about our Platform or Services, complaints, or other feedback to correct, improve or further develop MatchWornShirt’s Services. The license contained in this Clause shall survive the termination of any agreement between you and MatchWornShirt.
21.1 These Terms are governed by the laws of the Netherlands with the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980), without application of its conflict of laws-rules.
21.2 We will first attempt to settle any dispute that arises amicably. Should we not be able to reach an amicable solution, any disputes arising between MatchWornShirt and the User in connection to the Platform, the Services, or the Terms will exclusively be resolved by the competent court in Amsterdam, the Netherlands.
22.1 The Terms are made available in English and all agreements governed by them shall be considered concluded in English. Translations to other languages may be provided for the sake of convenience, but the English version shall always be leading concerning the interpretation of these Terms and all agreements governed by them.
22.2 We are entitled to subcontract and assign our rights and obligations to any third party without your consent. In doing so, we will always take into account and comply with applicable data protection legislation. All stipulations in these Terms are also made for the benefit of parties involved in the sale or delivery of Products.
22.3 Should any provision of the Terms be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full, and MatchWornShirt and User agree to negotiate in good faith concerning a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, to replace it.
22.4 Should you want to make use of any means of alternative dispute resolution, you may contact MatchWornShirt to this end via compliance@matchwornshirt.com. For more information on online dispute resolution, please refer to the ODR-platform of the European Commission.
22.5 Any failure by MatchWornShirt to enforce any provision of the Agreement at any time shall not be deemed to be a waiver of its right under these Terms, nor shall it prejudice any of its right to take subsequent action.
22.6 These Terms set forth the entire agreement between you and MatchWornShirt and supersede any prior proposals, agreements, understandings, and contemporaneous discussions, whether oral or written, between you and MatchWornShirt with respect to the Services or Platform.