PaceWorks Entertainment B.V. (“PaceWorks”) and/or its affiliates provide website features and other products and services to you when you visit or shop at ThePoweroftheHeart.com (the “Website”). The general terms and conditions of sale (the “Conditions”) govern the sale of products by PaceWorks to you through the Website.
Please read these Conditions carefully before placing an order with us. By placing an order with us, you signify your agreement to be bound by these Conditions.
1. Our Contract
Your order is an offer to PaceWorks to buy the product(s) in your order. We only accept your offer, and conclude the contract of sale for a product ordered by you, after having received irrevocable payment in connection with the respective product. Your contract is with PaceWorks. You consent to receive sales invoices electronically.
2. Pricing and availability
All prices are inclusive of legally applicable VAT and/or sales taxes. Please note that, unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the Website, we will contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
3. Product information
Unless expressly indicated otherwise, PaceWorks is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and/or different information to that displayed on our Website. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use. PaceWorks accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.
When ordering products from PaceWorks for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from PaceWorks, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
5. Our liability
PaceWorks and its affiliates will not be responsible for: (i) losses that were not caused by any breach on our part; and/or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); and/or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. Nothing in these Conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
6. Law and venue
These Conditions are governed by and construed in accordance with the laws of The Netherlands, and the application of the United Nations Convention of Contracts for the International Sale of Goods is explicitly excluded. We both agree to submit to the exclusive jurisdiction of the courts of The Netherlands.
We reserve the right to make changes to our Website, policies, and terms and conditions, including these Conditions, at any time. You will be subject to the terms and conditions, policies and these Conditions in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies in connection therewith and such breach shall not be deemed to constitute a waiver by us in connection therewith.
9. Our contact details
Our contact details are:
PaceWorks Entertainment B.V., Catharijnekade 5-D, 3511 RT, Utrecht, The Netherlands
Registered in The Netherlands
Dutch Chamber of Commerce Registration Number: 60981202
Dutch VAT Registration Number: NL854147998B01