(UK, Western Europe, Central Europe, Eastern Europe)

These Terms of Sale apply to Western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different terms.
Please read these Terms of Sale carefully before ordering Products online from the TNDRNESS Platform.

APPLICABILITY

You are reading these Terms of Sale (“Terms of Sale”) because you are using a TNDRNESS website, digital experience, social media platform, wearable technology, or one of our other products or services, all of which are part of TNDRNESS Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and TNDRNESS and its affiliates (which we may refer to as “TNDRNESS,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. TNDRNESS may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Your use of the Platform is also governed by TNDRNESS Privacy Policy. The Terms of Use are incorporated herein by this reference.

PLACING ORDERS ON THE PLATFORM

ELIGIBILITY TO ORDER

To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with TNDRNESS, and a be consumer - not a reseller.

NO PURCHASE FOR RESALE

The Platform is intended solely for TNDRNESS to sell TNDRNESSproducts direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of TNDRNESS product by someone who resells, or intends to resell, the TNDRNESS product to others (consumers, businesses or any third party). If TNDRNESS believes you are involved in purchase for resale, TNDRNESS reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

HOW TO ORDER

You need an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping bag and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfilment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

• the product is not available / in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with TNDRNESS;
• you are a reseller;
• there was an error in the price displayed on the Platform;
• or we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see below).

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

CHOICE OF LAW/JURISDICTION

You agree that the Platform, Terms of Sale, and any dispute between you and TNDRNESS shall be governed in all respects by UK law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of TNDRNESS products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of UK.
In case you have a complaint, please contact us via contact us page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.